Patna High Court
M/S Metro Paints And Chemicals vs Bihar Industrial Area Development ... on 10 February, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8504 of 2016
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M/s Metro Paints And Chemicals At. 11/2, Industrial Estate, Patna through
One of it's partners Sri Ramesh Kumar Jain, S/o Sri Devendra Kumar Jain
R/o C/o R.P. Singh, near A.V. School, Road No. 4, P.S. - Rajeev Nagar, Patna
- 800025.
... ... Petitioner/s
Versus
1. Bihar Industrial Area Development Authority 1st Floor, Udyog Bhawan, East
Gandhi Maidan, Patna through Managing Director.
2. Managing Director, Bihar Industrial Area Development Authority, 1st Floor,
Udyog Bhawan, East Gandhi Maidan, Patna
3. Executive Director, Bihar Industrial Area Development Authority, 1st Floor,
Udyog Bhawan, East Gandhi Maidan, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : M/s Amit Shrivastava, Sr. Advocate
Girish Pandey, Aman Raj
Abhishek Kumar Pandey
Sachin Kumar, Advocates
For the Respondent/s : M/s Avinash Kumar
Ajit Kumar,
Kumar Satyam, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 10-02-2025
1. The Writ petition is filed by the
petitioner for the following relief(s):-
"That this is an application for
issuance of writ of certiorari for
quashing the office order issued vide
memo no. 2056 dt. 18.04.2016,
alleged passed by the Managing
Director and issued by the Executive
Director, Bihar Industrial Area
Development Authority (hereinafter
Patna High Court CWJC No.8504 of 2016 dt.10-02-2025
referred to as BIADA for brevity),
whereby allotment of Plot No. 11/2 has
been cancelled.
The petitioner further prays for
declaration of law that completed
lease could be cancelled only by filing
Civil Suit for it's cancellation or for
declaration that it is illegal, nuil and
void and for consequential relief of
delivery back of possession, unless
and until a court of competent
jurisdiction grant such a decree, the
lease will continue to be effective and
binding.
The petitioner further prays for
declaration of law that power which
the Managing Director has exercised
under Section 6(2) of BIADA Act, 1974
is not an act done under statute.
That the petitioner further
prays for issuance of any other
appropriate writ/writs order/orders or
direction/direction for which petitioner
may be found entitled.
2. At the outset, it is relevant to mention
here that on 16.12.2024, the Learned Senior
counsel appearing for the petitioner reported to
the Court that the petitioner intends to file an
Patna High Court CWJC No.8504 of 2016 dt.10-02-2025
undertaking before the Court in order to dispose of
this case in view of the order passed in CWJC No.
16344 of 2022 (M/s Shivam Automobiles Vs.
The State of Bihar & Ors.) by the Division Bench
of this Hon'ble Court.
3. As stated above, the petitioner has filed
a supplementary affidavit furnishing the
undertaking, inter alia, in the following terms:
"i. That I hereby give the
undertaking that I will start
commercial production in the unit
within 60 days and 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.
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 and the vacant and
Patna High Court CWJC No.8504 of 2016 dt.10-02-2025
peaceful possession to BIADA.
iv. That I further undertake
that I shall make compliant with all the
statutory requirements including the
once protecting the interest of the
employees.
v. 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
4. The Learned counsel for the BIADA
states that petition can be disposed of in terms of
the undertaking so furnished as well as in terms of
the judgment passed in CWJC No. 16344 of
2022 (supra). However, it is contended that the
petitioner has to furnish bank guarantee along with
the undertaking.
5. Having regard to the submissions made
by the Learned Senior counsel for the petitioner as
well as the Learned Counsel for the respondents,
the present Writ petition stands disposed of,
without going into the merit of the case, in terms
of the aforesaid judgment passed in CWJC No.
16344 of 2022 (supra) by the Division Bench of
Patna High Court CWJC No.8504 of 2016 dt.10-02-2025
this Hon'ble Court.
6. In addition to the terms of the judgment
CWJC No. 16344 of 2022 (supra), the petitioner
shall furnish Bank Guarantee of Rs. 3,00,000/- in
favour of the respondents along with the
undertaking.
7. With the aforesaid direction the writ
petition stands disposed of.
8. Interlocutory Application, if any, shall
stands disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.02.2025
Transmission Date
