High Court bench in Butwal halts closure of Rara spice factory until writ is decided
The Butwal bench of the High Court Tulsipur has barred enforcement of a government office’s order to shut the factory over pollution complaints. Whether the factory pollutes has not yet been decided.
The Butwal bench of the High Court Tulsipur has ordered that a government decision to close the Butwal Rara spice factory (Rara Masala Udyog) must not be enforced until the factory’s writ petition is finally decided. A joint bench of Justices Milan Kumar Rai and Sanu Maiya Dangol issued the interim order on 30 September (14 Asoj 2083 BS).
The order extends a short-term interim order the same bench had issued on 24 September (8 Asoj). It is not a final judgment. Whether the factory causes pollution, and whether the closure order was lawful, will be decided at the final hearing of the writ.
Background
According to Kantipur, residents of Sangrila Tole in ward 11 of Butwal Sub-Metropolitan City, including Hari Karki, complained that the factory caused dust pollution and vibration. They first went to the sub-metropolitan city’s judicial committee — the elected local body that hears certain minor disputes — and then to the District Administration Office, Rupandehi.
On 21 September (5 Asoj), the Cottage and Small Industries Office, Rupandehi, wrote to the factory directing it to close immediately. The operator, Deepak Bhusal, then filed a writ petition seeking certiorari (to quash the decision) and mandamus (to direct the authorities to act lawfully). He argues that the closure letter did not state its legal basis or identify which standards had been breached. That is the petitioner’s claim; the office’s written reply and the court’s final finding are still to come.
What the court said
The bench kept the interim order in place on the ground of balance of convenience. It found that immediate closure would cause problems in managing raw materials and finished products, and would directly affect the employees and the operator’s right to pursue an occupation.
At the interim stage a court does not decide the merits of a case. Its purpose is to prevent irreparable harm to either side before the final decision.
What the law says
Under Article 144 of the Constitution of Nepal, a high court may issue writs, including certiorari and mandamus, against governments, officials and bodies within its province to enforce fundamental rights or other legal rights. Nepal has one high court for each of its seven provinces; some sit in more than one city, and the High Court Tulsipur has a permanent bench in Butwal.
What happens next
The writ will go to a final hearing after both sides have made their submissions. Reports have not given the date of the next hearing. At that stage the court will weigh the pollution complaints, the legal basis for the closure direction and the operator’s rights.
Sources
This report is based on the media reports listed below. It will be updated if the court’s order is published.
Other reporting
- Interim order not to close Butwal’s Rara spice factory — Kantipur, 1 Oct 2026
- High Court interim order not to close Butwal Rara spice factory — Onlinekhabar (Nepali), Asoj 2083
