Neutral Citation No. - 2025:AHC:131236-DB Court No. - 40 Case :- WRIT - C No. - 25907 of 2025 Petitioner :- Kesar Enterprises Limited Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Chauhan,Anuruddh Chaturvedi,Shimpi Pandey Counsel for Respondent :- C.S.C.,Manu Saxena Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for State respondent nos.1 & 2 and Sri Manu Saxena, learned counsel for respondent nos. 3 & 4. 2. The petitioner by means of the present writ petition has assailed the impugned order/notice No.818/N.P.P.B/2025-26 dated 09.07.2025 whereby the respondent no.4-Executive Officer, Nagar Palika Parishd Baheri, District Breilly has issued notice to the General Manager, Kesar Enterprises Ltd., Tehsil Baheri, District Bareilly asking the petitioner to submit the document relating to ownership, mutation and sanctioned map of the sight within a period of seven days, and in case, the petitioner does not submit reply within the aforesaid period, an appropriate proceeding under Section 185 and 186 of the Nagar Palika Adhiniyam, 1960 shall be undertaken. 3. Challenging the aforesaid notice, learned counsel for the petitioner has submitted that once No Objection Certificate has been issued by the District Magistrate, Bareilly, the action of the respondent no.4 issuing show cause notice and restraining the petitioner from raising any construction is nothing but an abuse of the powers being exercised arbitrarily, therefore, the notice deserves to be quashed. 4. Per contra, learned counsel for the respondents would contend that before raising any construction over the land which comes within the jurisdiction of Nagar Palika Parishad, it is mandatory for the petitioner to obtain sanctioned map from the Nagar Palika Parishad, and in the instant case, from the record it appears that the petitioner has not obtained the sanctioned map from the Nagar Palika Parishad. He further submits that it is only a show cause notice, therefore, the writ petition at this stage is pre-mature as the petitioner has a remedy to submit a reply rebutting the allegation made in the show cause notice, and in such view of the fact, this Court may refrain from interfering with the impugned notice. 5. Be that as it may, the respondent no.4-Executive Officer, Nagar Palika Parishd Baheri, District Breilly has issued show cause notice calling upon the petitioner to submit the documents relating to title, mutation and sanctioned map issued by the Nagar Palika Parishad. 6. The impugned order is merely a show cause notice, and the petitioner has to submit a detailed reply against the said show cause notice demonstrating that the title of the petitioner is clear and the name of the petitioner is recorded in the revenue records and he has already obtained a sanctioned map from the Nagar Palika Parishad. 7. The domain to decide the dispute in the present case is with the Executive Officer, Nagar Palika Parishad. The petitioner has a remedy of filing objection/reply against the show cause notice, therefore, this Court is not inclined to interfere with the show cause notice. 8. It is informed that the petitioner has submitted reply to the aforesaid show cause notice on 12.07.2025. 9. Accordingly, the writ petition is disposed off permitting the petitioner to file an additional objection/reply, if he desires, against the show cause notice in furtherance to the objection filed by it within a period of three weeks from today before the respondent no.4-Executive Officer, Nagar Palika Parishad Baheri, District Bareilly. The respondent no.4 is directed to decide the said objection of the petitioner in pursuance to the show cause notice dated 09.07.2025 within a further period of four weeks from the date he receives the objection/reply after giving due notice and opportunity of hearing to the petitioner. Order Date :- 5.8.2025 NS (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad