Jharkhand High Court
M/S Jagannath Steel Private ... vs Jharkhand Industrial Area ... on 1 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 2439 of 2020
M/s Jagannath Steel Private Limited ... ... Petitioner
Versus
Jharkhand Industrial Area Development Authority and others
... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Dhananjay Kumar Pathak, Advocate
: Mr. Shashi Kant Mishra, Advocate
For the Respondents : Mr. V.P. Singh, Senior Advocate
: Mr. C.A. Vardhan, Advocate
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07/01.05.2023 Learned counsel for the parties are present.
2. Learned counsel for the petitioner submits that the petitioner
had entered into some financial arrangement with M/s Juneja Steel
Ltd. to clear the dues of the bank which was taken by M/s Juneja Steel
Limited in connection with the property involved in the present case.
He submits that allotment of land in favour of M/s Juneja Steel
Limited was cancelled and before the Appellate Authority, a reference
has been made of order dated 18.06.2008 for taking action in terms of
the said order. Learned counsel submits that the proceeding sheet
dated 18.06.2008 has been annexed by the respondents in the counter
affidavit in which all the cases of surrender and transfer have been
considered.
3. The learned senior counsel appearing on behalf of the
respondents-AIADA has submitted that in the proceeding sheet dated
18.06.2008 there is no mention of any decision taken in connection
with M/s Juneja Steel Limited. He has further submitted that the
mention of the order dated 18.06.2008 in the appellate order dated
28.04.2010 is an error of record.
4. Learned senior counsel for the petitioner has relied upon a
judgment passed by this court reported in (2012) 4 JCR 446. He has
referred to paragraph 8 and 40 of the said judgment to submit that
pursuant to the aforesaid judgment the respondents have framed
regulation for the purposes of re-allocation of property in the
industrial area.
5. From perusal of the counter affidavit it appears that the
respondents AIADA has annexed therewith the proceeding of
PCC/LAC held on 16.06.2008 which was signed on 18.06.2008 but
neither any proceeding sheet dated 18.06.2008 has been annexed
along with the counter affidavit, nor it is the case of the AIADA in the
counter affidavit that there has been no proceeding on 16.06.2008. The
learned counsel for the AIADA is also directed to file a supplementary
counter affidavit clarifying this position as to whether there was any
proceeding PCC/LAC on 16.06.2008.
6. Learned counsel for the petitioner seeks permission and is
granted to implead, The State of Jharkhand through Secretary,
Industries as respondent No. 4 in this case in red ink during the course
of the day.
7. The newly added Respondent no.4 is directed to produce the
records of the appeal whose final order is contained at Annexure-F to
the counter affidavit filed by AIADA. Learned counsel for the AIADA
is also directed to produce the records in original in connection with
the property involved in this case.
8. The learned counsel for the petitioner is directed to serve a copy
of the entire records of this case along with the copy of this order in
the office of learned Advocate General so that the required records be
produced. The State is also directed to file a counter affidavit in the
present case.
9. Post this case on 16.05.2023.
10. The affidavit should be filed by 15.05.2023.
(Anubha Rawat Choudhary, J.)
Binit
