Plaksha Printing Industries vs The State Of Jharkhand & Others
2022 Latest Caselaw 1217 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        (Civil Writ Jurisdiction)
                       W.P.(C) No. 2118 of 2019
                               ........

Plaksha Printing Industries .... ..... Petitioner Versus The State of Jharkhand & Others .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............

For the Petitioner : Mr. Jayant Kumar Pandey, Advocate. For the Respondent Nos.4, 6 & 7 : Mr. Chandra G. A. Bardhan, Advocate ..........

06/28.03.2022.

Heard, learned counsel for the parties.

Learned counsel for the petitioner, Mr. Jayant Kumar Pandey has submitted that the petitioner - Plaksha Printing Industries through its proprietor Anita Barnwal has preferred this writ petition for quashing the order dated 19.03.2019 passed by Secretary Uduog Jharkhand Sarkar, Ranchi, whereby the allotted land to the petitioner- M/s Plaksha Printing Industries, Deoghar have been cancelled in illegal and arbitrary manner.

Learned counsel for the petitioner has further submitted that land was allotted to the petitioner in Jasidih Industrial Area on 20.06.2017 and amount to the tune of Rs.3,50,204/- was to be deposited within 30 days. The amount could not deposited within 30 days till 19.07.2017, rather the said amount has been deposited on 01.06.2018 after more than one year.

Learned counsel for the petitioner has further submitted that in terms of notice dated 03.11.2017, he was informed that if the money is not deposited as required under the law, allotment of land shall be cancelled by the respondent authorities. Thereafter on 01.06.2018 he paid the amount through online.

Learned counsel for the Respondent Nos.4, 6 & 7, Mr. Chandra G. A. Bardhan has submitted that the allotment was made on 20.06.2017 with an stipulation to deposit the entire amount within 30 days. The amount has not been deposited, thereafter, notice was issued on 03.11.2017 and subsequently on 17.05.2018. Thereafter the petitioner deposited the amount. In the meantime, the said land has been cancelled and it was allotted to the private party, who deposited amount to the tune of Rs.15,00,001/- and the land has been allotted to M/s Raga Ventures.

Further, the impugned order is squarely covered by the Division Bench judgment passed in L.P.A. No.697/2018, whereby the Division Bench has held that whether the land was developed or not is essentially a question of fact which cannot be gone into in a writ proceeding. The issue involved in this proceeding is purely contractual.

Since the petitioner has not complied the allotment letter dated 20.06.2017 as well as notice dated 03.11.2017 and 17.05.2018 the respondents have rightly cancelled the allotment of land. This Court is not inclined to interfere with the impugned order.

Accordingly, the instant writ petition is hereby dismissed.

(Kailash Prasad Deo, J.) Jay/