Mithila Autos Private Limited v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18821 of 2016 ====================================================== Mithila Autos Private Limited, N.H. 31, Growth Centre, Maranga, Purnea854301 through its Managing Director Anand Roy, Son of Sri Ram Narayan Roy, Resident of Dollar House, Sipahi Tola, District - Purnea - 854301 ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Industries Department. 2.
The Principal Secretary, Industries Department, Government of Bihar, Patna 3.
The Deputy Secretary, Industries Department, Government of Bihar, Patna 4.
The Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna through its Managing Director 5.
The Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna 6.
The Executive Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna 7.
The Executive Director, Bihar Industrial Area Development Authority, Darbhanga 8.
The Acting Director, Bihar Industrial Area Development Authority, Barari, Bhagalpur - 812003 9.
The Development officer, Bihar Industrial Area Development Authority, Barari, Bhagalpur - 812003 ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anjani Kumar Jha, Advocate Mr. Kanti Jha, Advocate For the Respondent/s :
Mr. Abbas Haidar, SC-6 Mr. Kumar Priya Ranjan, Advocate Mr. Ankur Apurv Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-11-2022 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
2/7
3/7 On 12.08.2022, we had passed the following order:- "Learned counsel for BIADA states that as on date no 3rd party right stands created.
Petitioner is ready and willing to furnish an undertaking to this Court to the effect that (a) within 60 days, petitioner will start commercial production in the Unit, should the respondents hand over possession of the premises to the petitioner, failing which petitioner shall give vacant and peaceful possession of the premises to BIADA; (b) within six months, petitioner shall make the Unit fully operational and functional in terms of the product sanctioned and allowed to be manufactured as per the original terms of allotment; (c) petitioner shall clear all the dues payable to BIADA as on date; (d) petitioner shall make itself compliant with all the statutory requirements, including the ones protecting
4/7 interest of the employees; (e) in the event of failure on the part of the petitioner to comply with the undertaking, petitioner shall hand over the vacant and peaceful possession of the premises to BIADA with liberty for further allotment to 3rd party, when petitioner shall lose all rights therein and (f) petitioner shall be liable for initiation of proceedings for contempt for having violated the undertaking furnished to the Court.
Copy of the undertaking be supplied to learned counsel for the respondents.
However, BIADA has to recall the orders passed cancelling the allotment of the premises. Let BIADA take a call on the offer made by the petitioner.
List on 25th of August, 2022 so as to enable learned counsel for the petitioner to file an undertaking on affidavit to the aforesaid effect. We are sure that the respondent BIADA would take a decision in the affirmative, which, in our considered view, would be in public interest as also in the interest of the State to generate economic growth as also provide employment to the people." Pursuant to our order dated 12.08.2022, petitioner has filed an undertaking on affidavit in the following terms: " a. That it is humbly submitted that the Automobile service centre is already running on the allotted land as
5/7 per allotment letter.
b. That, the Petitioner hereby undertakes to run the automobile service station with 50% of its full capacity within six months thereafter and ensure to run the automobile service station with 75% of its full capacity within one year.
c. That the Petitioner undertakes to comply with all labour laws.
d. That it is humbly submitted that Petitioner has cleared all the outstanding taking benefit of One Time Settlement Scheme for entire 7.5 acre of land allotted to the Petitioner, despite the payment has already been made, the Petitioner undertakes that if there is any legitimate dues still remain to pay, Petitioner shall pay the same on receipt of dues amount payable by him to the BIADA.
e. That also undertakes that on receipt of dues amount payable by me to the BIADA, I will pay the same to the BIADA as on date.
f. That I further undertake that in the event of my said unit not being made operational and functional by me within one year, I will hand over my allotted plot to BIADA in vacant and peaceful possession.
g. That I further undertakes that in the event of default I shall be liable for being prosecuted for having committed contempt of this Hon'ble Court."
Learned counsel for the BIADA states that petition can be disposed of in terms of the undertaking so furnished.
6/7 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 17.11.2022 (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 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) With the payment of the entire amount due and payable by the petitioner, the respondent BIADA shall positively execute the lease within a period of two weeks thereafter.
7/7 (f) Order dated 25.06.2011 and 07.01.2015, passed by respondent no.5, namely the Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna; and the order dated 13.05.2013 passed by the Principal Secretary, whereby he has affirmed the cancellation of land allotted to the Cosmetic IndiaPvt. Ltd. are quashed and set aside.
Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 24.11.2022 Transmission Date