Patna High Court - Orders
Vikash Tobacco Factory vs Nagar Parishad Mahnar on 16 July, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11243 of 2025
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Vikash Tobacco Factory Ward No. 5, Mahnar P.O. and P.S.-Mahnar, District-
Vaishali at Hajipur through its Proprietor Arun Kumar Jayaswal (male), aged
about 74 years, Son of Arjun Prasad Chaudhary, resident of Mahnar Main
Road (Near Jeep Stand), 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.Awnish Kumar, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 16-07-2025Heard learned counsel for the petitioner.
2. Learned counsel for the petitioner submits that in this application, the petitioner has challenged the order/notice dated 09.05.2025, contained in Letter No. 562 issued under the signature of Executive Officer, Nagar Parishad, Mahnar (respondent no. 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 Factory or else appropriate steps/proceeding would be initiated against him.
3. It is a categorical case of the petitioner that contrary Patna High Court CWJC No.11243 of 2025(2) dt.16-07-2025 2/2 to the provision contained in Sections 33 and 41 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 respondents by both the modes i.e. ordinary as well as registered post with A/D, for which necessary requisite(s) must be filed by the petitioner within four weeks from today failing which the writ application shall stand dismissed.
5. In view of the aforesaid facts, it is directed that during the pendency of this application, no coercive steps shall be taken against the petitioner, pursuant to the aforesaid notice dated 09.05.2025 (Annexure-P/6).
6. Put up this case on 01.09.2025 on service of notice or on appearance of respondents, whichever is earlier.
(Alok Kumar Sinha, J) Saurav/-
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