M/S Vishvnath Patel Tobacco Factory @ ... vs Nagar Parishad Mahnar, on 26 June, 2025

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Patna High Court - Orders

M/S Vishvnath Patel Tobacco Factory @ ... vs Nagar Parishad Mahnar, on 26 June, 2025

Bench: Alok Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9806 of 2025
                 ======================================================
                 M/S Vishvnath Patel Tobacco Factory @ Patel Tobacco Factory, Ward No.20,
                 Fatahpur Kamali, Mahnar P.O. and P.S. Mahnar, District - Vaishali at Hajipur
                 through its Proprietor Vishvnath Patel (male), aged about-87 years, son of
                 Late Madan Patel, resident of Fatahpur Kamali, Ward No.20, Mahnar, P.O.
                 and P.S. Mahnar, District -Vaishali at Hajipur.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    Nagar Parishad Mahnar, P.O. and P.S. Mahnar, District -Vaishali at Hajipur
                 through the Chief Councilor.
           2.    The Chief Councilor-cum- Chairman of Municipal Board, Nagar Parishad
                 Mahnar, P.O. and P.S. Mahnar, District -Vaishali at Hajipur.
           3.    The Executive Officer, Nagar Parishad Mahnar, P.O. and P.S. Mahnar,
                 District -Vaishali at Hajipur.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner     :      Mr. B.K. Manglam, Advocate
                                        :      Mr. Awnish Kumar, Advocate
                 For the Respondents    :      Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   26-06-2025

Heard learned counsel for the petitioner and learned counsel for the Nagar Parishad.

2. Learned counsel for the petitioner submits that in this application the petitioner has challenged the order/notice contained in letter no. 563 dated 09.05.2025 issued under the signature of the Executive Officer, Nagar Parishad, Mahnar (respondent no.3).

3. It is submitted by learned counsel appearing for the petitioner that while the above document is labeled as a notice, however, it directs the petitioner to move/shift his tobacco Patna High Court CWJC No.9806 of 2025(2) dt.26-06-2025 2/2 factory or else appropriate steps/proceedings would be initiated against him.

4. It is the categorical case of the petitioner that contrary to the provisions contained in Section 341 of the Bihar Municipal Act, 2007, no notice was issued to him and the instant notice is in fact an order/direction for him to move his factory.

5. Issue notice to the respondents through both ordinary process as well as registered post with A.D. for which necessary requisites shall be filed by the petitioner within four weeks failing which the writ application shall stand dismissed.

6. In view of the aforesaid facts, it is directed that during pendency of this application, no coercive steps shall be taken against the petitioner pursuant to the aforesaid notice dated 09.05.2025 (Annexure-P/5).

7. Put up this case on 21.08.2025 on service of notice or on appearance of the respondents, whichever is earlier.

(Alok Kumar Sinha, J) Gaurav Sinha/-

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Patna High Court - Orders