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Patna High CourtCWJC/3975/2019disposed

M/S Pipoplast Pvt. Ltd. v. The State Of Bihar And ORS

2022-08-25The Chief Justice -,Mr. Justice Satyavrat Verma5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3975 of 2019 ====================================================== M/S PipoPlast Pvt. Ltd. B-10 and B-11, Bela, Industrial Estate, Muzaffarpur Bihar through its Proprieter Praveen Chandra Kishore,aged about -Years, residing at-c/o Sri N.K.P, C.T Marg, Gannipur, Muzaffarpur, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Dept. of industry, Vikas Bhawan, Bailey Road, Patna, Bihar 2.

The Bihar industrial Area Development Authority (BIADA) through its Secretary, Udhog Bhawan, Gandhi Maidan, Patna 3.

The Managing Director, BIADA, Udhog Bhawan, Gandhi Maidan, Patna Bihar 4.

The Executive Director, BIADA, Regional Office, Muzaffarpur Bihar 5.

The Development Officer, Regional Office, Muzaffarpur Bihar 6.

The Area In Charge, Industrial Area,Muzaffarpur Bihar 7.

The Bihar State Finance Corporation (B.S.F.C),through its Branch Manager, B.F.S.C Sahay Compound, Naya Tola,Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Devashish, Advocate Mr. Anirudh Kumar Singh, Advocate For the Respondent/s :

Mr. Piyush Lall, Advocate Mr. Shailendra Kumar Singh, Advocate Mr. Kumar Abhimanyu Pratap, Advocate Mr. Raj Nandan Prasad, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-08-2022 Heard learned counsel for the parties.

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

2/5 Pursuant to our order dated 18.05.2022, petitioner has filed an undertaking on affidavit in the following terms:

3/5

4/5 Learned counsel for the petitioner further adds that the petitioner shall pay the amount paid by BIADA to BSFC. This he shall do within three months from today.

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 09.06.2022

5/5 (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 within a period of two weeks;

(d) Liberty reserved to BIADA, to approach this Court, should the petitioner fail to abide by the undertaking furnished before this Court. (e) Order dated 03.12.2018 passed by the office of the Principal Secretary, Department of Industry, communicated vide Letter No. 5491 datged 4.12.2018 so far as it imposes a penalty of Rs. 50,000/- and seeks a bank guarantee of Rs. 8 lacs from the petitioner is quashed and set aside. Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of. (Sanjay Karol, CJ) (Satyavrat Verma, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 26.08.2022 Transmission Date