Patna High Court
M/S Rajesh Industries vs The State Of Bihar on 11 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9669 of 2022
======================================================
M/s Rajesh Industries A proprietorship firm through its sole proprietor, Mr.
Rajesh Kumar Dokania, aged about 52 years (male), Son of Surendra Kumar
Dokania, Resident of Marwari Tola Lane, Radha Market Sujaganj,
Jagdishpur, P.S. Kotwali, District Bhagalpur, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Industries,
Government of Bihar, Patna.
2. The Principal Secretary Department of Industries, Government of Bihar, 2nd
Floor, Vikas Bhawan, Bailey Road, Patna - 800015.
3. Bihar Industrial Area Development Authority through its Managing Director,
1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna - 800004, Bihar.
4. The Managing Director Bihar Industrial Area Devleopment Authority, 1st
Floor, Udyog Bhawan, East Gandhi Maidan, Patna - 800004, Bihar.
5. The Development Officer Bihar Industrial Area Development Authority,
Regional Office, Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Samdarshi, Advocate
For the Respondent/s : Mr. Vinay Kirti Singh, Sr. Advocate
Mr. Akhileshwar Singh, Advocate
Mr. Indeshwari Pd. Mandal, AC to GA-3, Advocate
For the BIADA : Mr. Devesh Shankaran, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 11-08-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.9669 of 2022 dt.11-08-2022
" i) To issue an appropriate writ, order or direction
in the nature of certiorari for quashing letter no.
354 dated 20.05.2022 (Annexure 11) issued by the
Respondent Development Officer, Bihar Industrial
Area Development Authority, whereby the
petitioner has been directed to commence
production on the allotted land bearing no. A-2
Shed in Barari Bhagalpur Industrial Estate, within
30 days failing which the security deposit shall be
forfeited and the allotment of land shall be
cancelled.
ii) To issue an appropriate writ, order or direction
in the nature of mandamus commanding the
respondents not to take any coercive steps against
the petitioner till CWJC No. 2330/2019 pending
before this Hon'ble Court is decided and the billing
dispute between the petitioner and South Bihar
Power Distribution Company Limited is resolved
and electricity supply is restored at the unit of the
petitioner.
iii) This Hon'ble Court may adjudicate and hold
that Respondent Bihar Industrial Area
Development Authority cannot compel an allottee
to resume production in light of the fact that the
electricity connection has been illegally
disconnected by the power distribution company.
iv) This Hon'ble Court may adjudicate and hold
that Petitioner's failure to sustain industrial activity
at the land/shed allotted by Respondent Bihar
Industrial Area Development Authority is solely
attributable to the illegal disconnection of
electricity supply by South Bihar Power
Distributions Company Limited despite the interim
Patna High Court CWJC No.9669 of 2022 dt.11-08-2022
order dated 25.04.2019 passed by this Hon'ble
Court in CWJC No. 2330/2019 directing that the
electricity supply shalt not be disconnected.
v) To grant any other relief or reliefs which the
petitioner may be found entitled to in the facts and
circumstances of the case."
After the matter was heard for some time, learned
counsel for the petitioner, under instructions, seeks permission
to withdraw the present petition reserving liberty to file a fresh
petition, on the same and subsequent cause of action, if so
required and desired.
Permission granted with liberty as prayed for.
Instant petition stands disposed of as withdrawn in
the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
