M/S Osho Plastics vs The State Of Bihar
2022 Latest Caselaw 4914 Patna

Citation : 2022 Latest Caselaw 4914 Patna
Judgement Date : 8 December, 2022

Patna High Court

M/S Osho Plastics vs The State Of Bihar on 8 December, 2022

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.15712 of 2022
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M/S Osho Plastics Barauni Industrial Area, Barauni, through its proprietor namely Kamalnayan Kumar (M) aged about 65 years, son of Late Nageshwar Prasad Singh, resident of Raghuram Tola, Village and P.O. Aunta, P.s. Hathidah, District Patna.

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary, Industry Department, New Secretariat, Patna.

2. The Principal Secretary Industry Department, Govt. of Bihar, Patna.

3. The Bihar Industrial Area Development Authority (BIADA) through its Chairman, Gandhi Maidan, Patna.

4. The Chairman, Bihar Industrial Area Development Authority.

5. The Managing Director, BIADA, Patna.

6. The Joint Managing Director, Muzaffarpur Cluster BIADA, Patna.

7. The Deputy General Manager, BIADA, Muzaffarpur Cluster, Gandhi Maidan, Patna.

8. The Development Officer, Barauni Industrial Area, BIADA.

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

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the State : Mr. Kinkar Kumar, SC 9 Ms. Deepika Sharma, Advocate For the BIADA : Mr. Kumar Priya Ranjan, Advocate Mr. Ankur Apurv Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 08-12-2022

Heard learned counsel for the parties.

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

"For quashing the office order, issued under the signature of the Deputy General Manager, BIADA, Muzaffapur, cluster, Gandhi Maidan, Patna under Memo no. 1094 dated 29.06.2022 in compliance of the order dated 27.06.2022 passed by the Joint Patna High Court CWJC No.15712 of 2022 dt.08-12-2022

Managing Director, BIADA and also the order dated 07.09.2022 passed by the Principal Secretary Industries Department, Bihar in Appeal No. 85/2022."

On 18.11.2022, we had passed the following order:-

" Learned counsel for BIADA states that as on date no 3rd party right stands created.

Statement accepted and taken on record. As agreed, petitioner will file an undertaking to this Court to the effect that (a) within 60 days, petitioner will start commercial production in the Unit, should the respondents 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;

(c) petitioner shall clear all the dues payable to BIADA as on date; (d) petitioner 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 shall be liable for initiation of proceedings for contempt for having violated the undertaking furnished to the Court.

Petitioner is ready and willing to furnish such an undertaking within next seven working days, failing which the petition shall stand dismissed for default.

Copy of the undertaking be supplied to learned counsel for the respondents.

However, BIADA has to recall the orders passed cancelling the allotment of the premises.

Let BIADA take a call on the offer made by Patna High Court CWJC No.15712 of 2022 dt.08-12-2022

the petitioner.

We are sure that the respondent BIADA would take a decision in the affirmative, which, in our considered view, would be in public interest as also in the interest of the State to generate economic growth as also provide employment to the people.

List on 7th of December, 2022 so as to enable learned counsel for the petitioner to file an undertaking on affidavit to the aforesaid effect and till then no coercive steps be taken against the petitioner."

Pursuant to our order dated 26.11.2022, petitioner has

filed an undertaking on affidavit, relevant portion whereof is

quoted hereinunder:-

"2. That commercial production of the Unit will start within 60 days and it will be fully operational within 6 months as per condition (a)

(b) of the order.

3. That the petitioner will clear all the dues within the period prescribed by BIADA.

4. That the petitioner will manage all the statutory requirement as per condition prescribed in the order.

5. That in even of failure to comply the order of the Hon'ble Bench the petitioner will hand over the premises peacefully in vacant condition and will liable to face contempt proceeding in violation of undertaking.