HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 899/2020 M/s. Poorna Silver Works, Through The Sole Proprietor Smt. Purna Soni Wife Of Shri Dharmendra Soni, Aged About 43 Year, By Caste Soni, Resident Of Sunaron Ka Mohallah, Ward No. 14, Merta City, District Nagaur.
----Petitioner Versus
1. The State Of Rajasthan, Through Local Self Government Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Executive Officer, Nagar Palika, Merta City, District Nagaur.
3. Nagar Palika Mandal, Merta City, District Nagaur.
4. District Collector, Nagaur.
5. Sub-Divisional Magistrate, Nagaur.
6. Shri Pramod Soni S/o Shri Deendayal Soni, By Caste Soni, Resident Of Sunaron Ka Mohallah, Merta City, District Nagaur.
----Respondents
For Petitioner(s) : Mr. Arvind Samdariya
For Respondent(s) : Mr. Narpat Ram
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
29/07/2021
The matter comes up for consideration of application (01/20) under Article 226(3) of the Constitution of India for vacating the interim stay order dated 20.1.2020 passed by this Court.
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Learned counsel for the respondent No.6 has
submitted that the District Collector, Nagaur has rightly passed the order while giving directions to the concerned police official as well as the SDM, Nagaur to close the factory/shop of the petitioner, which is causing nuisance to the public at large. It is further submitted that the petitioner is running a factory/shop in the residential area, which is causing nuisance to the public at large and the District Collector, Nagaur after taking into consideration the overall facts and circumstances of the case, has rightly passed the impugned order.
Learned counsel for the petitioner has submitted that allegation of causing nuisance by the factory/shop of the petitioner is absolutely false. It is further submitted that earlier, on a complaint under Section 133 Cr.P.C., the SDM, Merta has conducted a detailed enquiry and concluded that no nuisance is being caused by the petitioner's factory/shop and, thereafter, has rejected the said complaint. It is also submitted that thereafter, again a complaint was filed before the District Collector, Nagaur, who without taking into consideration the earlier report of the SDM, Nagaur has illegally passed the impugned order.
Having heard learned counsel for the parties and after going through the material available on record, I do (Downloaded on 30/07/2021 at 08:52:05 PM) (3 of 3) [CW-899/2020] not find any case for vacating the ex parte interim order dated 20.1.2020 passed by this Court.
Hence, the application (01/20) under Article 226(3) of the Constitution of India for vacating the interim stay order dated 20.1.2020 passed by this Court is dismissed.
Interim order dated 20.1.2020 is confirmed till disposal of this writ petition.
(VIJAY BISHNOI),J 105-msrathore/-
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