The court directed the administrative authority to recall a prohibition order issued under Section 152 BNSS if the industry operator produces all necessary statutory clearances, noting that such sections are typically intended for activities injurious to health.

ORDER

Heard Mr. S Kakoti, learned counsel for the petitioner and Mr. N Das, learned State Counsel, Assam for all the respondents.

2. The petitioner had set up a brick kiln under the name and style of M/s GBI Brick Kiln on a plot of land measuring 5 Bigha 2 Katha 0 Lecha covered by Dag No.292 in PP No.4 and 10 Bigha 4 Katha 16 Lecha covered by Dag No.288 in PP No.124 totalling to 16 Bighas 1 Katha 16 lechas at Belguir Kissm under Manaha Mouza in the district of Morigaon. The petitioner’s Brick Kiln has been in operation since the year 2010. The petitioner had obtained necessary documents from the Revenue Authorities for conversion of land from agriculture to non-agriculture land as well as the consent to establish industry from the Pollution Control Board, Assam. However, on the ground that the consolidated consent and authorization from the Assam Pollution Control Board has not been obtained, the Co-District Commissioner, Jagiroad, Morigaon by order dated 09.01.2026 issued an order under Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the Brick Kiln of the petitioner was immediately prohibited from carrying on any form of production or operation or allied activity with effect from that order and the prohibition has to remain in force until all requisite statutory documents, permission, clearances including but not limited to permission under the Assam Agricultural Land (Regulation and Reclassification and Transfer of Non-Agricultural purpose) Act, 2015 and valid consent to operate from the Pollution Control Board, Assam under the Air (Prevention and Control of Pollution) Act, 1981 are obtained. Since the said order passed, the functioning of the Brick Kiln of the petitioner has been stopped and no production has been taken place. Learned counsel for the petitioner submits that the next date fixed in terms of the order was 13.01.2026. However, in spite of the petitioner being present, no effective orders have been passed prohibiting the order issued on 09.01.2026. Meanwhile, the petitioner has also obtained consolidated consent and authorization from the Pollution Control Board, Assam on 20.01.2026.

3. Under such circumstances, the petitioner is before this Court praying for a order for interference of the impugned order dated 09.01.2026 passed by the Co-District Commissioner, Jagiroad, Morigaon.

4. Mr. N Das, learned State Counsel, Assam, for the respondents submits that the petitioner ought to have approached the concerned Co-District Commissioner for vacation or modification of the order, if required.

5. Having heard the learned counsel for the parties and upon careful perusal of the writ petition and the enclosures, it appears to the Court that prima facie the petitioner has been issued all the necessary documents and permission required to set up an Industry. It is also seen that the petitioner’s industry has been in existence since 2010 and prohibition order was issued on 09.01.2026 and it is the grievance of the petitioner that subsequent thereto the matter has not been taken up by the concerned Co-District Commissioner, Jagiroad and no effective order has been passed withdrawing or recalling the prohibition order. It is also noticed by the Court that under Section 152 BNSS proceedings are ordinarily to drawn in respect of any activity which is found to be injurious to health.

6. Under such circumstances, this Court is of the view that ends of the justice will be met by disposing of the writ petition at this stage without issuing any notice and directing the Co-District Commissioner, Jagiroad to pass necessary orders p