M/S Sharma Lime Industries v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2680 of 2019 ====================================================== M/S Sharma Lime Industries situated at Industrial Area, Jehanabad through its Proprietor, Birendra Sharma, son of Late Kamta Singh, Resident of Vill.- Rasulpur, P.o.- Karauna, Distt.-Jehanabad ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors through the Principal Secretary, Industries Department, Govt. of Bihar, Patna 2.

The Managing Director Bihar Industrial Area Development Authority, Ist Floor, Udyog Bhawan, East Gandhi Maidan, Patna-800004 3.

The Executive Director Bihar Industrial Area Development Authority, Ist Floor, Udyog Bhawan, East Gandhi Maidan, Patna-800004 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Prakash, Adv For the Respondent/s :

Mr.Kinkar Kumar (SC9) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/8 Pursuant to our previous order, petitioner has given an

3/8 undertaking by way of filing a supplementary affidavit. Relevant paragraphs whereof are reproduced as under:-

4/8

5/8

6/8

7/8 Learned counsel for the BIADA states that petition can be disposed of in terms of the undertaking so furnished. The undertaking is accepted and taken on record. Consequence of breach thereof, including initiation of proceedings for contempt having violated the undertaking furnished before this Court stands explained to the petitioner through the learned counsel.

As such, petition is disposed of in the following terms:- (a) Undertaking of the petitioner dated 02.06.2022 (reproduced supra) is accepted and taken on record. (b) Petitioner has been made aware of the consequences of breach thereof, including initiation of proceedings for contempt;

(c) In the event of default of the undertaking, petitioner shall hand over vacant and peaceful possession of the allotted property to BIADA, to approach this Court, should the petitioner fail to abide by the undertaking furnished before this Court.

(e) Order dated 09.10.2018 passed by respondent no. 3 namely the Executive Director, BIADA, is hereby quashed and set aside.

Petition stands disposed of in the aforesaid terms.

8/8 Interlocutory Application (s), if any, stands disposed of. (Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA