M/S. Poorna Silver Works vs The State Of Rajasthan
2021 Latest Caselaw 11812 Raj

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.

                                            (2 of 3)               [CW-899/2020]


      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

(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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