Patna High Court
M/S Vijayam Educational Trust vs The State Of Bihar on 16 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13134 of 2019
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M/s Vijayam Educational Trust Having its registered office at Catalyst House,
behind Shri Krishna- Puri Park, Patna- 800001 through its Managing Trustee
Sri Neeraj Agarwal aged about 39 Years (Male) S/o Basant Kumar Agrawal
R/o 701, Gangotri Apartment, Exhibition, Road, Patna-800001.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Department of
Industries, New Secretariat, Bailey Road, Patna- 800001.
2. Managing Director Bihar Industrial Area Development Authority, Udyog
Bhawan, East Gandhi Maidan, Patna- 800004.
3. The Director Technical Development, Department of Industries, New
Secretariat, Bailey Road, Patna- 800001.
4. Executive Director Bihar Industrial Area Development Authority, Udyog
Bhawan, East Gandhi Maidan, Patna- 800004.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanket, Advocate
For the Respondent/BIADA: Mr. Pankaj Kumar Sinha, Advocate
Mr. Devesh Shankar, Advocate
For State : Mr. Rakesh Ambastha, AC to AAG 7
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 16-05-2023
Heard learned counsels for the respective parties.
2. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"(i) For issuance of writ in the nature of
Mandamus directing the Respondent Number 2 & 4 to
hand over plot No. A-3 in Mega Industrial Park Bihta
(Institutional Area) Ad-measuring 10 Acres of land -
for establishment of Integrated Higher and Technical
Educational Institution - in terms of their letter number
2728 dated 29/04/2013 and allotment letter number
4595/D/262/Dev/BIADA/2013 dated 27/06/2013 - for
Patna High Court CWJC No.13134 of 2019 dt.16-05-2023
which the first instalment of Rs. 1,61,90,350/- has
already been deposited with the respondent Bihar
Industrial Area Development Authority on 12/07/2013.
(ii) Alternatively, For issuance of writ in
the nature of Mandamus directing the respondent Bihar
Industrial Area Development Authority to provide the
petitioner with an alternative plot of the same size for
the same price at another of its acquired location in and
around the township of Patna.
(iii) Any other relief or reliefs to which the
petitioners may be found entitled to in the facts and
circumstances of the case."
3. In the policy decision of Bihar Industrial Area
Development Authority (hereinafter referred to as 'BIADA')
certain lands were earmarked for the purpose of education.
Accordingly, petitioner was allotted land and first installment of
Rs. 1,55,48,742/- along with tax and demarcation charges total
amounting to Rs. 1,61,90,350/- is stated to have been paid on
12.07.2013. Clause 5 of the allotment letter dated 27.06.2013 has
not been complied by the respondent BIADA to the extent of
handing over the subject land and thereafter accepting balance six
installments amount. In this regard, there were no correspondence
among the BIADA or the petitioner for about five years. The
petitioner submitted representation on 23.04.2018 and thereafter
some more representations are stated to have been filed. The last
representation is dated 20.06.2019.
Patna High Court CWJC No.13134 of 2019 dt.16-05-2023
4. Learned counsel for the petitioner submitted that
identical persons who were allotted plots, they have been allotted
alternative lands whereas the petitioner has been discriminated. In
the light of these facts and circumstances, the petitioner's
grievance shall be redressed and detailed speaking order shall be
passed in the event of non-redressing the petitioner's grievance.
The concerned authority has to take note of the discrimination
alleged to have been meted out to the petitioner. Such exercise
shall be undertaken by the competent authority within a period of
three months from the date of receipt of this order.
5. Accordingly, writ petition stands disposed of.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.05.2023
Transmission Date NA
