Patna High Court
M/S Bihar Trade Towers Projects ... vs The State Of Bihar on 18 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6875 of 2022
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M/s Bihar Trade Towers Projects Pvt. Ltd. (erstwhile Uttam Pipes Pvt. Ltd.) a
Company Registered under the Companies Act, 2013 having its office at 46,
Patliputra Colony, Patna- 800013 through its authorized representative-
Anand Kumar, aged about 37 years (Male), Son of Jai Nandan Prasad,
Resident of Shiv Ji Mandir, Gandhi Mela Path, Tundi Road, P.S.- Govindpur,
District- Dhanbad, Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Industry, Government of Bihar,
Patna.
3. Commissioner-cum-Secretary, Department of State Taxes, Government of
Bihar, Patna.
4. Director, Industries, Department of Industry, Government of Bihar, Patna.
5. The Director (Technical Development), Department of Industry,
Government of Bihar.
6. The Bihar Industrial Area Development Authority, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Madan Kumar, Advocate
Mr. Brisketu Sharan Pandey, Advocate
For the Respondent/s : Mr. Vivek Prasad, G.P.-7
Mr. Devesh Shankaran, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-05-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.6875 of 2022 dt.18-05-2022
Patna High Court CWJC No.6875 of 2022 dt.18-05-2022
Patna High Court CWJC No.6875 of 2022 dt.18-05-2022
It is brought to our notice that the decision rendered
by a coordinate Bench of this Court in CWJC No. 12104 of
2018, titled M/s Sunny Stars Hotels Private Limited Vs. The
State of Bihar & Ors. has attained finality, inasmuch as, the
Special Leave Petition preferred by the State stands dismissed
by Hon'ble the Apex Court vide order dated 17.01.2020 passed
in SLP (Civil) No. 43744 of 2021.
Parties agree that the petition can be disposed of.
Learned counsel for the petitioner, states that
certain amount already stands paid to the petitioner. As such,
petitioner shall be content if the petition is disposed of with
liberty to the petitioner to approach the authority concerned by
filing a representation within a period of four weeks, with a
direction to the authority concerned to consider and decide the
same within a period of four weeks from the date of its
presentation.
Prayer allowed.
Without expressing any opinion on merits of the
claim, petition is disposed of with the liberty/direction aforesaid.
All issues on facts and law are left open.
Needless to add, while considering such request,
Patna High Court CWJC No.6875 of 2022 dt.18-05-2022
principles of natural justice shall be followed and due
opportunity of hearing afforded to the parties.
If aggrieved by the said order, the petitioner shall
have liberty to approach this Court by way of separate
petition(s), if so required and desired.
Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law.
We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch.
The petition stands disposed of in the aforesaid
terms.
Interlocutory application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
(Satyavrat Verma, J)
Amrendra/PKP
AFR/NAFR
CAV DATE
Uploading Date 20.05.2022
Transmission Date
