IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.370 of 2010 1. POONAM AGRAWAL W/O GOKUL PRASAD AGRAWAL R/O MOHALLA- KARANSARAI CHANWARTAKIA (CHAKKAR), P.S.- SASARAM (TOWN), DISTT.- ROHTAS Versus 1. THE STATE OF BIHAR 2. NAGAR KARYAPALAK PADADHIKARI NAGAR PARISHAD, SASARAM (ROHTAS) 3. SPECIAL OFFICER NAGARPALIKA, SASARAM (ROHTAS) 4. DISTRICT MAGISTRATE ROHTAS 5. VIKKY KUMAR S/O VIJAY KUMAR AGRAWAL R/O MOHALLA- MAHAJANTOLI, P.S. SASARAM, DISTT. ROHTAS ----------- 2/ 07/03/2011 Heard learned counsel for the petitioner and learned counsel for the State. In the nature of the order no notice is considered necessary at this stage to the Executive Officer, Nagar Parishad, Sasaram or Respondent No.5 as the latter shall have full opportunity to defend himself before the Nagar Parishad, Sasaram. The petitioner as the land lord questions the grant of non-residential user of her premises by permitting the private respondents to run a flour mill granted by the Nagar Parishad, Sasaram without seeking her consent creating pollution and nuisance for her. From letter No.895 dated 18.5.2009 of the Nagar Parishad, Sasaram it appears that on her representation the matter is already engaging their attention. Directions are issued to the Executive Officer, Nagar Parishad, Sasaram to take the proceedings dated 18.5.2009 to its logical conclusion 2 after hearing Respondent No.5 also and pass a reasoned and speaking order reflecting due application of mind and consideration to the statutory provisions of the Bihar Municipal Act, 2007. Let the same be done within a maximum period of one month from the date of receipt/production of a copy of this order before Respondent No.2. If Respondent No.5 does not cooperate and participate, it shall be open for Respondent No.2 to proceed ex parte to conclude the proceedings within that time, but after recording his full satisfaction of the efforts made to persuade Respondent No.2 to participate, but that he refused to participate. On the day that the petitioner serves a copy of the present order on the Executive Officer, the Executive Officer shall ensure personal service on Respondent No.5 the same day. The writ application stands disposed. KC ( Navin Sinha, J.)