M/S Ujjwal Agrotech Insustrial Area Donor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1128 of 2023 ====================================================== M/s Ujjwal Agrotech Industrial Area Donor, Darbhanga through its proprietor Smt. Nitu Kumari (Female) aged about 30 years D/o- Sri Umesh Kant Choudhary, Wife of Sri Shankar Jha, Resident of Pauri Dakhram, P.S.- Donar, Dist- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department of Industries, Government of Bihar, Patna.

2.

The Bihar Industrial Area Development Authority, Patna. 3.

The Director, Bihar Industrial Area Development Authority, Patna. 4.

The Bihar Industrial Area Development Authority (BIADA), Darbhanga. 5.

The Joint Managing Director, The Bihar Industrial Area Development Authority, Darbhanga.

6.

The Deputy- General Manager, The Bihar Industrial Area Development Authority (BIADA), Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anwar Karim, Advocate For the Respondent/s :

Mr. Yogendra Pd. Sinha, AAG-7 Mr. Rakesh Ambastha, AC to AAG-7 For BIADA :

Mr. Yashraj Bardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 21-03-2023 The petitioner challenges the order dated 21.11.2022 (Annexure-3) passed vide memo no. 1034, by respondent no.6, namely the Deputy-General Manager, the Bihar Industrial Area Development, Authority (BIADA), Darbhanga, whereby the land allotted to the petitioner has been cancelled. Learned counsel for the petitioner submits that the impugned order has been passed without following the principles of natural justice and therefore he has approached this

Patna High Court CWJC No.1128 of 2023(2) dt.21-03-2023 2/2 Court directly.

In view of this Court, under Section 6(2)(a) of the Bihar Industrial Area Development Authority Act, 1974, against the impugned order, the appeal would lie to the State Government, where the petitioner may take up all arguments made before this Court.

If the petitioner files such an appeal before appropriate authority, the same shall be decided within a period of three months by a speaking order.

With aforesaid liberty to the petitioner, the writ petition is disposed of.

(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 4 U