Jai Mangla Fuels Private Limited, v. The Bihar Industrial Area Development Authority

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2260 of 2020 ====================================================== Jai Mangla Fuels Private Limited, Industrial Area, Gaya, P.O. and P.S. Gaya, through its Managing Director namely Ashok Kumar Singh (male), aged about 55 years, son of Baban Singh, resident of near Sudha Talkies, S.P. Colony, Gaurakshni Road, Manpur, P.O. Buniyadganj, P.S. Gaya Muffasil, District- Gaya.

... ... Petitioner/s

Versus

1.

The Bihar Industrial Area Development Authority Industries Building, first floor, East Gandhi Maidan, Patna through the Managing Director. 2.

The Managing Director, Bihar Industrial Area Development Authority, Industries Building, first floor, East Gandhi Maidan, Patna. 3.

The Acting Managing Director, Bihar Industrial Area Development Authority, Industries Building, first floor East Gandhi Maidan, Patna. 4.

The Development Officer, Bihar Industrial Area Development Authority, Industries Building, first floor, East Gandhi Maidan, Patna. 5.

The Development Officer, Bihar Industrial Area Development Authority, Dehri- on-Sone, District- Rohtas.

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar Manglam, Advocate For the Respondent/s :

Mr. Girijish Kumr, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 27-09-2022 Petitioner has prayed for the following relief(s): "(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 04.01.2020 issued under the signature of the Respondent no. 3 and contained in his memo no. 30/D dated 04.01.2020, whereby and where under the Respondent no. 3 has been pleased to cancel the allotment in favour of the petitioner in respect of a piece of land measuring an area 40,000 square feet and situated in Industrial Area, Gaya being

Patna High Court CWJC No.2260 of 2020(3) dt.27-09-2022 2/2 Plot No. 14-21 (P) on the ground that the said cancellation order has been issued by the Respondent no. 3 without any notice to the petitioner for the purposes of condition of allotment and without giving to the petitioner an opportunity of being heard.

(II) For a declaration that since the impugned order issued under the signature of Respondent no. 3 has been passed without following the principles of NATURAL JUSTICE, the same cannot be sustained in the eye of law and it deserves to be set aside by this Hon'ble Court in exercise of its jurisdiction under Article 226 of the Constitution of India notwithstanding that the order is appealable. (III) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

Learned counsel for the petitioner seeks permission to withdraw the present petition.

Prayer allowed.

Petition is disposed of as withdrawn.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U