M/S Ranjeet Concrete Corporation ... vs The State Of Bihar
2022 Latest Caselaw 4770 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.15902 of 2022
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M/s Ranjeet Concrete Corporation Unit-II through its representative Shambhu Kumar, Male, aged about 39 Years, S/o-Late Ramdeo Sharma, R/o-Ward No. 04, Deona, Barauni Industrial Area, Telar, P.O.-Tilrath, P.S.-Barauni, District- Begusarai, Bihar 852124.

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary, Department of Industries, Govt. of Bihar.

2. The Principal Secretary, Department of Industries, Govt. of Bihar.

3. The Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna through its Managing Director.

4. The Managing Director, Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna

5. The Joint Managing Director, Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna

6. Executive Director, North, Bihar Industrial Area Development Authority (BIADA).

7. The Deputy General Manager, Begusarai Cluster, Bihar Industrial Area Development Authority (BIADA).

8. The Area Incharge, Industrial Area, Barauni. Bihar-851116

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sachin Kumar, Advocate For the Respondent/s : Mr.Kinkar Kumar ( SC 9) For BIADA : Mrs. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 05-12-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

"(i) For quashing the order dated 13.10.22 passed in Appeal Case No. 164/22 by the Patna High Court CWJC No.15902 of 2022 dt.05-12-2022

Respondent No. 2 whereby and where under the appeal filed by the petitioner has been dismissed in a mechanical arbitrary, whimsical, pick and choose manner, whereas the similarly situated allottees have been given the benefits as are being by the Hon'ble Court in C.W.J.C. No. 6883/2020, M/s. Umesh Service Station vs. The State of Bihar and Ors, and in terms of Appeal No. 76/2022.

(ii) For setting aside order bearing Memo No. 16 dated 20.07.22 passed by the Respondent No. 3 Joint Managing Director of Bihar Industrial Area Development Authority (hereinafter referred to as 'BIADA') whereby and where under the allotment of land measuring an area of 21,780Sq. Ft. for the establishment of Auto Mobile Servicing and Mechanical Industry within the Industrial Area- Aurangabad has arbitrarily been cancelled, since the reason recorded therein is non-est, not sustainable that too being perverse and in complete violation of the principles of natural justice and against all canons of justice.

(iii) For declaration and to hold that the aforesaid impugned order dated 13.10.22 passed in Appeal Case No. 164/22 is illegal and in contravention to the settled principles of law i.e. Nemo Judex in Causa Sua (No Patna High Court CWJC No.15902 of 2022 dt.05-12-2022

one should be made a judge on his own cause) as the impugned order vide Memo No. 16 dated 20.07.22 has been passed by Respondent No. 4 Managing Director and the order dated 13.10.22 passed in Appeal Case No. 164/22 has been passed by respondent no. 2 Principal Secretary, Department of Industries who is colorably holding the same post at same time and as such liable to be quashed on this ground itself.

(iv) For a direction upon the Respondents to give the benefits as are being given to the similarly situated allottees in C.W.J.C. No. 13558/2022, C.W.J.C. No.12560/2022, C.W.J.C. No. 6883/2020, C.W.J.C. No.13037/2022 and other analogous cases.

(v) For directing the respondents forthwith not to take any coercive steps against the allotment of petitioner till disposal of this writ application.

(vi) For any other relief or reliefs for which the petitioner be found entitled in the eye of law."

Pursuant to our previous order dated 24.11.2022,

petitioner has now filed yet another affidavit furnishing his

undertaking in the following terms:

" (I) That I hereby undertake that within Patna High Court CWJC No.15902 of 2022 dt.05-12-2022

60 days, I will start the unit, should the respondents

hand over possession of the premises to the

petitioner, failing which petitioner shall give vacant

and peaceful possession of the premises to BIADA.

ii. That I also undertake that within six

months, I will make the Unit fully operational and

functional in terms of the order of Hon'ble Court.

iii. That also undertakes that I shall clear

all the dues payable to BIADA as on date and shall

make itself compliant with all the statutory

requirements, including the ones protecting interest

of the employees.

iv. That I further undertake that I shall

comply the provisions of labour law and other

statutory compliances.

v. That I further undertake that in the event

of failure on the part of I shall hand over the vacant

and peaceful possession of the premises to BIADA

with liberty for further allotment to 3rd party.

vi. That I further undertake that in the

event of default I shall be liable for being

prosecuted for having committed contempt of this Patna High Court CWJC No.15902 of 2022 dt.05-12-2022

Hon'ble Court."

Learned counsel for BIADA states that petition can be

disposed of in terms of the undertaking so furnished.

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 dated 28.11.2022

(reproduced supra) is accepted and taken on record;

(b) Petitioner has been made aware of the

consequences of breach thereof, including initiation of

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 13.10.2022 passed by respondent no. Patna High Court CWJC No.15902 of 2022 dt.05-12-2022

2, namely the Principal Secretary, Department of Industries,

Govt. of Bihar, in Appeal Case No. 164/22 (Annexure-5) and

the order dated 20.7.2022 passed by respondent no. 5, namely,

the The Joint Managing Director, Bihar Industrial Area

Development Authority (BIADA), Udyog Bhawan, Gandhi

Maidan, Patna (Annexure-4) 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) Spd/-Ashwini AFR/NAFR CAV DATE Uploading Date 06.12.2022 Transmission Date