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2021 Supreme(Pat) 1054

MOHIT KUMAR SHAH
ATC Telecom Infrastructure Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Nikhil Kr. Agrawal.
For the State : Mr. Abbas Haider.
For Danapur Nagar : Mr. Sunil Kumar.
Parishad
For the Intervenor : Mr. Amarnath Singh.

MOHIT KUMAR SHAH, J.:–The present writ petition has been filed for setting aside the notice dated 01.02.2021 as also the notice dated 24.02.2021 issued by the Municipal Executive Officer, Danapur Nagar Parishad, Danapur i.e. the respondent no. 6, whereby and where under the respondent Parishad has purported to seal the telecommunication tower installed by the petitioner company on the ground that no permission has been taken for installing the same. The petitioner has also prayed to direct the respondents to immediately unseal the telecommunication tower installed by the petitioner company at the premises of one Ms. Shakuntala Devi situated at Sadhu Ji Ka Khatal, Gajadhar Chauk, Danapur, District-Patna, Bihar, appertaining to Khesra No. 712, Khata No. 631, Thana No. 21, situated within the territorial limits of Danapur Nagar Parishad.

2. The brief facts of the case are that the petitioner had installed a ground based tower in the aforesaid premises in the year 2004 pursuant to an agreement entered into with the said Smt. Shakuntala Devi, as extended by an agreement dated 21.11.2014 for a further period of 15 years. It is submitted that the respondent State authorities vide notificat

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