M/S Champaran Timber And Allied Product And ORS v. The Bihar Industrial Area Development Authority And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19001 of 2016 ====================================================== 1.
M/s Champaran Timber and Allied Product and Ors S/o Shri Ridh Karan Somani resident of Mohalla - Lal Bazar, P.O. P.S. - Bettiah, District - West Champaran.
2.
Raj Kumar Somani S/o Shri Ridh Karan Somani resident of Mohalla - Lal Bazar, P.O. P.S. - Bettiah, District - West Champaran. 3.
Ranjeet Kumar S/o Shri Ratnesh Prasad resident of Mohalla - Hari Vatika Chowk, P.O. P.S. - Bettiah, District - West Champaran. ... ... Petitioner/s
Versus
1.
The Bihar Industrial Area Development Authority, Patna represented through its Managing Director, the Bihar Industrial Area Development Authority, Patna.
2.
The Principal Secretary, Department of Industries, Govt. of Bihar, Patna. 3.
The Dy. Secretary, Department of Industries, Govt. of Bihar, Patna. 4.
The Managing Director, the Bihar Industrial Area Development Authority, Patna.
5.
The Bihar Industrial Area Development Authority, Regional Office, Muzaffarpur through its Director, 6.
The Director, the Bihar Industrial Area Development Authority, Regional Office, Muzaffarpur.
7.
The Officiating Director, the Bihar Industrial Area Development Authority, Regional Office, Muzaffa 8.
The Area Officer, the Bihar Industrial Area Development Authority, Regional Office, Bettiah, West C 9.
The State of Bihar through the Principal Secretary, Deptt. of Industries, Govt. of Bihar.
... ... Respondent/s ======================================================
2/7 Appearance :
For the Petitioner/s :
Mr.Shri Prakash Srivastava, Advocate For the Respondent/s :
Mr.Abbas Haider- S.C. 6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 01-09-2022 Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):-
3/7
4/7
5/7
6/7 Pursuant to our previous order, petitioners have given an undertaking by way of filing a supplementary affidavit. Relevant paragraphs whereof are reproduced as under:- "3. That the petitioner make statement and furnishes undertaking in accordance with the order dated 22.08.
2022 passed in the instant writ petition, as follows:- (a) That the petitioner unit shall start commercial production unit, within 60 days, should the respondents hand over possession of the premises to the petitioner/recall the order of cancellation, failing which he shall hand over Vacant and peaceful possession of the premises to BIADA, b) That the petitioner shall make the unit fully operational and functional within 6 months in terms of the production sanction and allowed to be manufactured as per the terms of allotment, (c) That the petitioner unit has already paid the dues amount earlier, however, if any legal dues is communicated to him he shall make payment of the same, as on date. (d) That the petitioner shall make compliant with all statutory requirements including that of the compliance to all applicable labor laws.
(e) That it is stated that if the petitioner fails to comply with aforesaid undertaking, he shall hand over the vacant and peaceful possession of the premises to BIADA with liberty for further allotment to 3rd party, when the petitioner shall loose all rights therein, (f) That the petitioner shall be liable for initiation of proceedings for contempt for having violated the undertaking furnished to the court."
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
7/7 31.08.2022 (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 21.10.2016 passed by respondent no. 2 namely, The Principal Secretary, Department of Industries, Govt. of Bihar, Patna and order dated 22.09.2014 passed by respondent no. 6 namely, The Director, The Bihar Industrial Area Development Authority, Regional Office, Muzaffarpur, are hereby quashed and set aside. Petition stands disposed of in the aforesaid terms. Interlocutory Application (s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date