Patna High Court
Rajesh Kumar Agrawal vs The State Of Bihar on 4 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8316 of 2021
======================================================
Ram Kumar Singh, Son of Arvind Prasad Singh, Resident of Henry Public
School, Gali No. 4, Sipahi Tola, Town and District-Purnea, Pin Code-854301
(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Industry,
Government of Bihar, Patna.
2. The Chairman, Bihar Industrial Area Development Authority, 1st Floor,
Udyog Bhawan, Gandhi Maidan, P.O.-Bankipur, P.S.-Gandhi Maidan,
District Patna, Pin Code-800004 (Bihar).
3. The Managing Director, Regional Office, Bihar Industrial Area
Development Authority, Barari, District-Bhagalpur, Pin Code-812003
(Bihar).
4. The Executive Director, Bihar Industrial Area Development Authority,
Regional Office, Barari, District-Bhagalpur, Pin Code-812003 (Bihar).
5. The Development Officer, Bihar Industrial Area Development Authority,
Regional Office, Bhagalpur.
6. Rajesh Kumar Agrawal, Partner, Maa Vaishno Devi Tractor and
Automobiles, Gurudwara Road, R.N. Shaw Chowk, Purnea, Pin Code-
854301 (Bihar).
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7486 of 2019
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Rajesh Kumar Agrawal S/o Sri Bishwanath Agrawal R/o- Village/Mahalla-
Gurudwara Road, R.N. Shaw Chowk, P.S.-K.Hat, Distt.-Purnea
... ... Petitioner/s
Versus
1. The State of Bihar through, the Principal Secretary, department of Industries,
Bihar, Patna
2. The Managing Director, Department of industries, Bihar, Patna
3. The Chairman, Bihar Industrial Area development Authority, Bihar, Patna
4. The Director, Bihar Industrial Area Development Authority, Bihar Patna
5. The Deputy Director, Bihar Industrial Area Development Authority Bihar,
Patna
6. The Executive Director, Bihar Industrial Area Development Authority,
Patna High Court CWJC No.8316 of 2021 dt.04-01-2022
Regional Office, Barari, Bhagalpur
7. The Development Officer, Bihar Industrial Area development Athority,
Regional officer, Barari, Bhagalpur
8. Ram Kumar Singh R/o Village/Mohalla-Gurudwara Road, R.N. Shaw P.S.
K.Hat, Dist-Purnia
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 8316 of 2021)
For the Petitioner/s : Mr.Subhen Sarkar, Advocate
For the Respondent/s : Mr.Lalit Kishore (AG)
Mr. Devesh Shankaran, Advocate
(In Civil Writ Jurisdiction Case No. 7486 of 2019)
For the Petitioner/s : Mr.Pramod Kumar Mallick, Advocate
For the Respondent/s : Mr.Kinkar Kumar (SC 9)
For BIADA Mr. Devesh Shankaran, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
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 : 04-01-2022
In C.W.J.C. No. 8316 of 2021, petitioner has
prayed for the following relief(s):
"That the present application is being
filed for issuance of appropriate writ
or writs for setting aside an order
dated 28.11.2020 issued by signature of Executive
Director and by the order of Managing Director, Bihar
Industrial Area Development Authority
Regional Office, Bhagalpur by which
without giving opportunity of hearing
to the Petitioner the allotment of land, which was in favour
of
Petitioners for business purpose, has
been cancelled."
In C.W.J.C. No. 7486 of 2019, petitioner has
Patna High Court CWJC No.8316 of 2021 dt.04-01-2022
prayed for the following relief(s):
"I) To direct the respondents to allot the separate area
of land to start up the industries in the name and style
of Maa Vaishno Devi Tractor and Automobile in the
industrial area of Growth Centre situated in Maranga
under the BIADA.
II) To direct the respondents to separate the allotted
21780 Sqr. Ft. of land on Plot no.20(P) in Growth
Centre Maranga Distt. -Purnea on the lease of 90
years to Ram Kumar Singh and his partner petitioner
Rajesh Kr. Agrawal in two equal share.
III. To direct the respondents to consider the prayer of
the petitioner who is the partner of the aforesaid plot
allotted in Growth Centre, Maranga, Purnia by the
BIADA.
IV. To grant any other relief/reliefs as to which the
petitioner is entitled in the facts and circumstances of
the case."
The partners of the firm namely M/s Maa Vaishno
Devi Tractors and Automobile have filed these petitions
challenging the very same order dated 28th of November, 2020,
passed by BIADA, whereby the allotment stands cancelled. The
order is self speaking. Allegedly, for one reason or the other,
within the Control of the partners of the firm, the activity for
which the allotment was made was not carried out and therefore
the Unit was shut down, thus, hindering the industrial growth
within the State of Bihar.
Shri Devesh Sankaran, learned counsel, who appears
on behalf of BIADA, states that all issues of facts and law can
Patna High Court CWJC No.8316 of 2021 dt.04-01-2022
be dealt with by the appellate authority constituted under the
provisions of Section 62 of the BIADA Act, 1974.
learned counsel for the petitioners states petitioners
be granted liberty to file an appeal, however, the period of
limitation, if any, be directed to be condoned.
Shri Shankaran, learned counsel for the respondent
BIADA, states that if such an appeal is filed within four weeks,
limitation shall not be allowed to come in the way of its
consideration and decision on merits since the petitioners have
been pursuing remedies before this Hon'ble Court.
Statement accepted and taken on record.
The present petitions are disposed of in the aforesaid
terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 10.01.2022
Transmission Date
