Patna High Court
M/S Alankar Mini Rice Mill vs The Bihar Industrial Area ... on 2 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16460 of 2022
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M/s Alankar Mini Rice Mill a proprietorship firm, having its office at Plot No.
A-4, Industrial Area, Buxar, Bihar, through its Proprietor Dinesh Kumar Ojha
(Male) aged about 50 years S/o Narayan Ojha, R/o Vill- Ahirauli, P.S. and
District- Buxar.
... ... Petitioner/s
Versus
1. The Bihar Industrial Area Development Authority (BIADA) Udyog Bhawan,
Gandhi Maidan, Patna through its Chairman cum-Managing Director.
2. The Chairman cum Managing Director, Bihar Industrial Area Development
Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
3. The Joint Managing Director, Bihar Industrial Area Development Authority
(BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
4. The Executive Director, Bihar Industrial Area Development Authority
(BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
5. The DGM, Industrial Area, Patna Cluster, Bihar Industrial Area
Development Authority (BIADA), Industrial Area, Buxar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Brisketu Sharan Pandey, Advocate
For the Respondent/s : Mr.Kumar Priya Ranjan, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
proceedings through Video Conferencing from their residences/offices.)
Date : 02-12-2022
The petitioner has prayed for the following relief/s :-
" A. For issuing a writ in the nature of
certiorari or any other appropriate writ quashing
the Appellate Order dated 09.11.2022
(Annexure-P/1) by the Respondent No.2
whereby and whereunder the appeal preferred
Patna High Court CWJC No.16460 of 2022 dt.02-12-2022
by the petitioner bearing Appeal No. 156/2022
against the Office Order bearing Memo no 46
dated 29.07.2022 passed by the Respondent No.
4 has been dismissed.
B. For issuing a writ in the nature of
certiorari or any other appropriate writ quashing
the office order bearing Memo no 46 dated
29.07.2022 (Annexure P/2) passed by the
Respondent No. 4, whereby and whereunder
allotment made to the Petitioner, of land
admeasuring 5000 sq feet of land in Industrial
Area, Buxar in the Year 1979 vide letter no.
688/D dated 22.08.1979 has been cancelled.
C. For issuing a writ of mandamus or
any other appropriate writ directing the
Respondents to restore the possession/allow the
Petitioner to continue to work and run the unit of
the allotted land.
D. For issuing appropriate order(s)
staying all further proceedings and
consequential actions pursuant to the Appellate
Order dated 09.11.2022 (Annexure-P/1).
E. For passing such further or other
order(s) as this Hon'ble Court may deem fit and
proper in the circumstances of the case."
Learned counsel for the petitioner has furnished his
undertaking in the writ petition in the following terms:
"(a) within 60 days, petitioner will
start/continue commercial production in the Unit,
should the respondent BIADA hand over possession of
the premises to the petitioner/recall the order of
cancellation, failing which petitioner shall give vacant
and peaceful possession of the premises to BIADA; (b)
within six months, petitioner shall make the Unit fully
operational and functional in terms of the product
sanctioned and allowed to be manufactured as per the
original terms of allotment or as otherwise permitted by
this Hon'ble Court; (c) petitioners shall clear all the
Patna High Court CWJC No.16460 of 2022 dt.02-12-2022
dues payable to BIADA as on date (although there is no
outstanding as of now); (d) petitioners shall make itself
compliant with all the statutory requirements, including
the ones protecting interest of the employees; (e) in the
event of failure on the part of the petitioner to comply
with the undertaking, petitioner shall hand over the
vacant and peaceful possession of the premises to
BIADA with liberty for further allotment to 3rd party,
when petitioner shall lose all rights therein and (f)
petitioner understands that it shall be liable for
initiation of proceedings for contempt for having
violated the undertaking furnished to the Court."
Learned counsel for BIADA states that petition can be
disposed of in terms of the undertaking so furnished in the writ
petition.
The undertaking is accepted and taken on record.
Consequence of breach thereof, including initiation of
proceedings for contempt having violated the undertaking
furnished before this Court stands explained to the petitioner
through the learned counsel.
As such, petition is disposed of in the following
terms:-
(a). Undertaking of the petitioner (reproduced supra) is
accepted and taken on record;
(b) Petitioner has been made aware of the
consequences of breach thereof, including initiation of
Patna High Court CWJC No.16460 of 2022 dt.02-12-2022
proceedings for contempt;
(c) In the event of default of the undertaking,
petitioner shall hand over vacant and peaceful possession of the
allotted property to BIADA;
(d) Liberty reserved to BIADA, to approach this
Court, should the petitioner fail to abide by the undertaking
furnished before this Court.
(e) Order dated 09.11.2022, passed by respondent no.
2, namely The Chairman-cum-Managing Director, Bihar
Industrial Area Development Authority, Patna in Appeal Case
No. 156 of 2022 (Annexure-P/1) and order dated 29.07.2022,
passed by respondent No. 5, namely the DGM, Industrial Area,
Patna Cluster (Annexure-P/2) are quashed and set aside.
Petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
K.C.Jha/-DKS
AFR/NAFR
CAV DATE
Uploading Date 08.12.2022
Transmission Date
