Patna High Court
Sarvshree Durga Sattu Udyog vs The State Of Bihar on 9 January, 2024
Author: A. Abhishek Reddy
Bench: A. Abhishek Reddy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9538 of 2023
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Sarvshree Durga Sattu Udyog through its proprietor Janardhan Sah, Gender-
Male, aged about 56 years, S/o Late Bishun Sah, R/o Village- Bhaura Sikta,
P.s.-Balthar, District-West Champaran, Bettiah, Bihar-845304.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Industries, Govt. of Bihar, Vikash Bhawan, Bailey Road, Patna.
2. The Additional Chief Secretary, Department of Industries, Govt. of Bihar,
Vikash Bhawan, Bailey Road, Patna.
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,
Udyog Bhawan, Gandhi Maidan, Patna.
6. The Executive Director, North, Bihar Industrial Area Development
Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
7. The Deputy General Manager Motipur Cluster, Bihar Industrial Area
Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
8. The District Magistrate, East Champaran, Office of the Collector and
District Magistrate, At and P.O.-Motihari, District-East Champaran, PIN-
845401.
9. The Area Incharge, Bihar Industrial Area Development Authority (BIADA),
Industrial Area-Raxaul.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhishek Kr. Pandey, Adv.
: Mr. Sachin Kumar, Adv.
For BIADA : Mr. Piyush Kr. Pandey, Adv.
For the Respondent/s : Mr. Ajay Behari Sinha (Ga8)
: Mr. Suryakant Kumar, AC to GA8
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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL JUDGMENT
Date : 09-01-2024
Heard the learned counsel for the parties.
2. This writ petition has been filed for the following
releifs;
Patna High Court CWJC No.9538 of 2023 dt.09-01-2024
2/7
"i. For quashing the order dated
30.05.2023
passed in Appeal Case No. 191/23
communicated vide Memo No. 3411 dated 8.6.23 by
the 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 given 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. 1491 dated 18/11/22 passed by the Respondent
No. 7. The Deputy General Manager, Motipur Cluster,
Bihar Industrial Area Development Authority
(BIADA), Muzaffarpur, (hereinafter referred to as
'BIADA') whereby and where under the allotment of
land measuring an area of 2300 Sq. Ft. for the
establishment of Spices, Sattu & Beasn Udyog within
the Industrial Area- Raxaul 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 30.05.2023 passed in
Appeal Case No. 191/23 communicated vide Memo
No. 3411 dated 8.6.23 is illegal and in contravention
to the settled principles of law i.e. Nemo Judex in
Causa Sua (No one should be made a judge on his
own cause) as the impugned order vide Memo No.
1491 dated 18.11.22 has been passed by Respondent
No. 7 The Deputy General Manager, Motipur Ciuster,
Bihar Industrial Area Development Authority
(BIADA), Muzaffarpur and the order dated 30.05.2023
Patna High Court CWJC No.9538 of 2023 dt.09-01-2024
passed in Appeal Case No. 191/23 communicated vide
Memo No. 3411 dated 8.6.23 passed by Respondent
No. 2 Additional Chief 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."
3. Learned counsel for the petitioner has stated that
due to unavoidable circumstances like Covid-19 etc., the petitioner
could not start the commercial production and the same is not
deliberate but for the reasons beyond the control of the petitioner and
therefore, an opportunity may be given to the petitioner to start
commercial production.
4. Learned counsel for the petitioner has stated that
under the similar circumstances, a Division Bench of this Hon'ble
Court in C.W.J.C. No. 15567 of 2022 (M/s Maa Kali Food Products
Industrial Growth Centre, Maranga Vs. The State of Bihar & Ors.)
dated 02.12.2022 has set aside the order of Bihar Industrial Area
Development Authority (hereinafter referred to as "the BIADA")
Patna High Court CWJC No.9538 of 2023 dt.09-01-2024
based on the undertaking given by the petitioner therein and an
opportunity was given to the industry to start its commercial
production.
5. Learned counsel for the petitioner has stated that the
petitioner has also filed an undertaking before this Court which reads
as under:-
"I. That, I hereby give the undertaking that
I will start production in the unit within 60 days,
from the date from which BIADA allows the
Petitioner to work. Further, the Petitioner shall
start manufacturing plant or such other products
as approved under the Bihar Industrial Investment
Promotion Policy, 2016, if the possession of the
unit is handed over by BIADA.
II. That also undertakes that I shall clear all
up-to-date dues payable to BIADA if any and shall
be done within four weeks from the date of
handing over possession/recall of order of
cancellation.
III. That I further undertake that in the
event of my said unit not being made operational
and functional by me within 6 (Six) Months, I will
hand over the vacant and peaceful possession to
BIADA.
IV. That the Petitioner shall also submit a
Bank Guarantee of Rs. 1,00,000/- (Rupees One
Lakh) in compliance to the order dated 11.09.2023
of Hon'ble of Hon'ble Court in C.W.J.C. No.
9538/2023.
Patna High Court CWJC No.9538 of 2023 dt.09-01-2024
V. That I further undertake that I shall make
compliant with all the statutory requirements
including the once protecting the interest of the
employees.
VI. That I further undertake that in the
event of default I shall be liable for being
prosecuted for having committed contempt of this
Hon'ble Court."
6. Having regard to the above said undertakings which is
reproduced above and the judgment of this Hon'ble Court passed in
C.W.J.C. No. 15567 of 2022 dated 02.12.2022, wherein this Hon'ble
Court duly taking into account the undertaking given by the
petitioner therein has set aside the order of the appellate authority as
well as the order of cancellation passed by the BIADA and granted
an opportunity to the petitioner to start its commercial production.
7. Having regard to the above and also the submissions
made by the learned counsel for the BIADA, this Court is of the
considered opinion that the ends of Justice would be met if, the
undertaking given by the petitioner is accepted and the petitioner
given an opportunity of starting commercial production. The Court
makes the following orders:-
8 (i). As it is stated that possession has been taken by the
BIADA, the same shall be handed over to the petitioner immediately
after the receipt of this order. The petitioner shall then furnish a
bank guarantee for an amount of Rs. one lakh within one week from
Patna High Court CWJC No.9538 of 2023 dt.09-01-2024
the date of handing over the possession. Thereafter, the petitioner
shall clear all the outstanding dues, if any of the BIADA within a
period of two weeks thereof. The petitioner shall start the
commercial production within sixty days from the date of handing
over the possession and start manufacturing plan as approved by the
Bihar Industries Commercial Policy, 2016. In case the petitioner
does not start the production within sixty days from the date of
putting him in possession, they are free to take possession of the
land.
8(ii). Consequence of breach thereof, including initiation
of proceedings for contempt for having violated the undertaking
furnished before this Court stands explained to the petitioner
through the learned counsel.
8.(iii) Undertaking of the petitioner dated 11.10.2023 is
accepted and taken on record.
8.(iv) Petitioner has been made aware of the
consequences of breach thereof, including initiation of proceedings
for contempt;
8.(v) In the event of default of the undertaking, petitioner
shall hand over vacant and peaceful possession of the allotted
property to BIADA within a period of two weeks;
Patna High Court CWJC No.9538 of 2023 dt.09-01-2024
8.(vi) It is made clear that, in case the petitioner fails to
start the full commercial production within the stipulated time and
also fails to hand over the vacant and peaceful possession of the
allotted property to BIADA within a period of two weeks thereof,
the authorities of the BIADA are free to take possession of the
premises in question.
8.(vii) Consequently, the order dated 18.11.2022 passed
by respondent no. 7, the Deputy General Manager, Motipur Cluster,
Bihar Industrial Area Development Authority (BIADA), issued
vide Memo No. 1491 (Annexure-6) and order dated 30.05.2023
passed in Appeal Case No. 191 of 2023 by respondent no. 2, the
Additional Chief Secretary-cum-the Appellate Authority,
Department of Industry, Government of Bihar contained
(Annexure-12) are accordingly quashed and set aside.
9. With the above observations, the present writ petition
stands allowed.
(A. Abhishek Reddy, J)
Ayush/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.01.2024
Transmission Date NA
