Patna High Court - Orders
Om Jaiswal Tobacco Factory vs Nagar Parishad Mahnar on 4 June, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9160 of 2025
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Om Jaiswal Tobacco Factory Ward No.- 5, Mahnar, P.O. and P.S.- Mahnar,
District- Vaishali at Hajipur through its Proprietor Sudhir Kumar (Male) aged
about- 41 years, Son of Raj Kishor Choudhary, resident of Kangress Mohalla,
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.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S.B.K. Mangalam, Advocate
Mr. Awnish Kumar, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-06-20251. The petitioner in this application has challenged the order/notice contained in letter no.575 dated 9.5.2025 issued under the signature of the Executive Officer, Nagar Parishad, Mahnar (respondent no.3).
2. 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 factory within a period of 15 days or else appropriate steps/proceedings would be initiated against him.
3. It is the categorical case of the petitioner that Patna High Court CWJC No.9160 of 2025(2) dt.04-06-2025 2/2 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.
4. Issue notice to the respondents through both ordinary process as well as registered post with A.D. for which requisites shall be filed by the petitioner within four weeks.
5. 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 9.5.2025 (Annexure-P/5).
6. Put up this case on service of notice or on appearance of the respondents, whichever is earlier.
(Partha Sarthy, J) Saurabh/-
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