Patna High Court
Sarvshree Adhira Housing vs The Bihar Industrial Area Development ... on 24 March, 2025
Author: A. Abhishek Reddy
Bench: A. Abhishek Reddy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6387 of 2024
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Sarvshree Adhira Housing through its Representative Deepak Kumar Mishra,
Gender- Male, aged about 45 years, S/o. Late Vindhyanchal Mishra, R/o-
Harsh Traders, Bus Stand Pandaul, P.O.- Pandaul, P.S.- Pandaul, District-
Madhubani, Bihar- 847234.
... ... Petitioner/s
Versus
1. The Bihar Industrial Area Development Authority (BIADA) Udyog Bhawan,
Gandhi Maidan, Patna through its Managing Director.
2. The Managing Director, Bihar Industrial Area Development Authority
(BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
3. The Joint Managing Director, Bihar Industrial Area Development Authority
(BIADA).
4. The Executive Director, North, Bihar Industrial Area Development
Authority (BIADA), Regional Office.
5. The Deputy General Manager, Cluster Office, Darbhanga, Bihar Industrial
Area Development Authority (BIADA).
6. The Area Incharge, Bihar Industrial Area Development Authority (BIADA),
Industrial Area- Pandaul.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Aman Raj
For the Respondent/s : Mr. Lalit Kishore
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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL JUDGMENT
Date : 24-03-2025
Heard the learned counsel for the parties.
The present writ petition has been filed for the following
relief(s):-
"i. For quashing and setting aside
the Order contained in Letter 245 dated
12.03.2024
whereby and where under illegally,
arbitrarily and whimsically, on the pretext of
the rejection of One Time Opportunity Transfer
Policy, 2023 without any jurisdiction, dehors
the provisions BIADA Act, 1974, the possession
is being resumed with Plant, machinery etc.,
without even adherence to the principles of
Patna High Court CWJC No.6387 of 2024 dt.24-03-2025
natural justice, i.e., Audi Altrem Partem i.e.,
No Body Can Be Condemned Unheard as well
as without any competence by the Respondent
DGM, BIADA as he is not having jurisdiction
to take back the physical possession which is
completely malafite, arbitrariy and whimsical.
ii. For quashing the Order
contained in Letter No. 96 dated 02.02.2024
whereby and whereunder the request Letter for
availing the One Time Opportunity Transfer
Policy, 2023 in terms of contained in Memo
Nos. 5128 and 5129 dated 10.08.2023 and has
been yet not allowed on non-est, arbitrary,
illegal grounds that the respondent authority
asked the petitioner to submit the application
for other product than fly ash bricks vide its
letter bearing Memo No. 96 dated 02.02.2024
which is against the spirit of One Time
Opportunity Transfer Policy, 2023 as there was
no any condition precedent in the said policy.
iii. For directing the respondent
authority to adhere & complied the conditions
of one time opportunity transfer policy 2023
and to allow the request letter of the Petitioner
for availing the One Time Opportunity Transfer
Policy 2023 in terms of contained in Memo
Nos. 5128 and 5129 dated 10.08.2023 which
has been yet not allowed on non-est, illegal
and unfounded grounds.
iv. For quashing the order dated
07.09.2023 passed in Appeal Case No.
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
aliottees 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 Others and in terms of
Appeal No. 76/2022.
v. For declaration and to hold that
the aforesaid impugned order dated 07.09.2023
passed in Appeal Case No. 229/2023 is illegal
and in contravention to the settled principles of
Patna High Court CWJC No.6387 of 2024 dt.24-03-2025
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. 668 dated
27.06.2023 has been passed by Respondent No.
7 The Deputy General Manager, Darbhanga
Cluster, Bihar Industrial Area Development
Authority (BIADA), Darbhanga and the order
dated 07.09.2023 passed in Appeal Case No.
229/2023 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.
vi. For directing the Respondents
forthwith not to take any coercive steps against
the allotment of petitioner till disposal of this
Writ Application.
vii. For any other relief or reliefs
for which the Petitioner be found entitled in the
eye of law."
3. The brief facts necessary for the disposal of the
present writ petition are that the petitioner was allotted an area of
21780 Sq. Ft. in Plot No. 12 for the purpose of establishment of an
Industry under the name of M/s Shree Vindhayachal Enterprises on
11.06.2020. Thereafter, the petitioner has paid the requisite
amounts due to the respondent-BIADA and commenced its
production. Subsequently, the petitioner has applied for change of
product from electrical pipe fitting, irrigation & garden pipe
manufacturing to fly ash bricks and the name of the unit was also
permitted to be changed from M/s Shree Vindhaychal Enterprises
to M/s Sarveshree Adhira Housing. Though the unit was in
production, the authorities on inspection found that the petitioner
was not conducting any business and, therefore, cancellation order
Patna High Court CWJC No.6387 of 2024 dt.24-03-2025
was passed vide Memo No. 668 dated 27.06.2023 and the
allotment made in favour of the petitioner was cancelled.
Thereafter, the petitioner has preferred an appeal before the
appellate authority who vide order dated 07.09.2023 has dismissed
the appeal. Aggrieved by the order passed by the appellate
authority, the petitioner has preferred a writ petition before this
Hon'ble Court and the same was numbered as CWJC No. 13854 of
2023. The said CWJC was withdrawn by the petitioner on the
ground that the authority had issued One Time Opportunity
Transfer Policy, 2023 vide Memo No. 5128 and 5129 dated
10.08.2023 and the petitioner wanted to avail the same. However,
the authority rejected the said application made by the petitioner
under the One Time Opportunity Transfer Policy, 2023 and took
possession of the subject property.
4. Learned counsel appearing on behalf of the petitioner
has assailed the order impugned in the present writ petition
whereby the application made under the One Time Opportunity
Transfer Policy, 2023 has been rejected. Learned counsel has
stated that the authority without application of mind has in a
mechanical manner rejected the application made by the petitioner
under the One Time Opportunity Transfer Policy, 2023 solely on
the ground that the manufacturing of fly ash bricks were not
Patna High Court CWJC No.6387 of 2024 dt.24-03-2025
permitted. Learned counsel has stated that the said manufacturing
of fly ash bricks cannot be prohibited issuing a memo and basing
on the memo the authority cannot take a unilateral decision to
reject the application made without providing an opportunity to the
petitioner. That the subsequent taking over the possession of the
subject property is also without any legal basis and the authority
cannot be judge of its own cause. Learned counsel has therefore,
prayed this Hon'ble Court to allow the present writ petition and set
aside the impugned order.
5. Per contra, the learned counsel appearing on behalf of
the respondent-BIADA while reiterating the terms and conditions
of the allotment has stated that the petitioner was allotted the land
for the purpose of production of the electrical pipe fitting,
irrigation garden pipe etc. but he did not carry any industrial
activities. That on the application made by the petitioner the
product was changed to fly ash bricks even then the petitioner
failed to carry out any production. That the petitioner has been
using the premises for the purpose of storing and selling the
unregistered products like iron rods, cement, sand etc. Though the
petitioner was provided ample opportunity to start his production,
the petitioner has failed to do so. Further, it is stated that as
manufacturing of fly ash bricks was put under prohibited item, the
Patna High Court CWJC No.6387 of 2024 dt.24-03-2025
petitioner was given an opportunity to change the product but he
did not avail the same. That the authorities left with no other
option had to reject the application made by the petitioner and had
taken physical possession of the subject property. Learned counsel
has further stated that the petitioner having failed to carry out any
industrial activity in respect of the registered products cannot now
contend that the cancellation order is bad. That the petitioner
miserably failed to show any industrial activity thereby defeating
the very purpose of allotting the land. Learned counsel has
therefore, prayed this Hon'ble Court to dismiss the present writ
petition.
5. Admittedly, as seen from the record, the petitioner
was initially allotted land for the purpose of manufacturing
products electrical pipe fitting, irrigation garden pipe etc. however,
the same was later changed with the permission of the authority to
fly ash bricks. The authorities on inspection having found that the
petitioner was carrying out storage and sale of unregistered
products had cancelled the allotment made to the petitioner and the
same was affirmed by the appellate authority. Thereafter, the writ
petition filed by the petitioner challenging the cancellation orders
was withdrawn with a view to avail the One Time Opportunity
Transfer Policy, 2023. It is to be noted that the application made by
Patna High Court CWJC No.6387 of 2024 dt.24-03-2025
the petitioner under One Time Opportunity Transfer Policy, 2023
was rejected on the ground that the fly ash bricks is a prohibited
item and the application made by the petitioner cannot be
accepted. As seen from the record, more particularly, the order of
the appellate authority wherein authority had duly taken note of
the inspection done on 26.04.2023 and found that the fly ash
bricks were present on the site along with the huge quantity of
building material like stone, sand, cement etc. Though the
authority had found fly ash bricks on the premises and the photos
filed by the petitioner also reveal that the fly ash bricks were being
manufactured. The authority came to the conclusion that the
cement, sand, iron rod were being used for the purpose of sale and
not for the purpose of manufacturing of fly ash bricks have
cancelled the allotment made in favour of the petitioner. It is not
understood that when the authority themselves have given
permission for change of the product to fly ash bricks as to how
the same can be rejected. This Court is of the view that the
rejection of the application made by the petitioner One Time
Opportunity Transfer Policy, 2023 is bad as the authorities
themselves have given permission for change of product from
electrical pipe fitting, irrigation & garden pipe manufacturing to
fly ash bricks and in the inspection report it was also found that the
Patna High Court CWJC No.6387 of 2024 dt.24-03-2025
fly ash bricks were being manufactured by the petitioner. The
authority cannot reject the application made by the petitioner
solely on the ground that subsequently the BIADA authorities have
issued a memo No. 1591 dated 22.04.2022 stating that the fly ash
bricks cannot be manufactured. However, it is to be noticed that
the authorities themselves have given a permission for
manufacturing of the fly ash bricks cannot subsequently state that
the same is prohibited and reject the application made by the
petitioner. The authorities ought to had taken a pragmatic view of
the issue and considered the application.
6. Having regard to the above facts and circumstances of
the case, this Court is of the opinion that the cancellation order
passed by the authority dated 27.06.2023 & Letter 245 dated
12.03.2024 are liable to be set aside and the matter remanded back
to the authority concerned for considering the application made by
the petitioner under the One Time Opportunity Transfer Policy,
2023 afresh duly taking into consideration the observations made
by this Court. In case the authorities are of the view that the
manufacturing of the fly ash bricks cannot be continued, the
petitioner shall be given an opportunity of changing the product by
giving him reasonable time and, thereafter, pass necessary orders.
As it is stated that the physical possession of the subject property
Patna High Court CWJC No.6387 of 2024 dt.24-03-2025
has been taken by the authorities, the authorities shall put the
petitioner back in possession of the subject property for the
purpose of change of product.
7. With the above direction, the present writ petition
stands disposed of.
(A. Abhishek Reddy, J)
Ayush/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.03.2025.
Transmission Date NA
