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Patna High CourtCWJC/3451/2022disposed

Bihar Maa Durga Agro Industries Pvt. Ltd. v. The State Of Bihar

2022-04-27The Chief Justice -,Mr. Justice S. Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3451 of 2022 ====================================================== Bihar Maa Durga Agro Industries Pvt. Ltd. a Registered Company Having its Registrted Office at 102, Maha Saraswati Tower, Ranjan Path, Abhiyanta Nagar, Baily Road, Patna-Bihar 801503 through its Authorised representariven namely Rajan Kumar Ray Male aged about 50 Years Son of Jay Kumar Ray resident of 102, Maha Saraswati Tower, Ranjan Path, Abhiyanta Nagger, Baily Road, Patna-Bihar 801503. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary Department of Industries, Vikas Bhawan, Bailey Road, Patna. 2.

The Additional Chief Secretary, Department of Industries, Vikas Bhawan, Bailey Road, Patna.

3.

The Director, Department of Industries, Patna Bihar. 4.

The Director (Technical Development), Departmetn of Incustries, Patna Bihar, 5.

The General Manager, District Industries Centre, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gautam Kumar Kejriwal, Advocate For the Respondent/s :

Mr.Kinkar Kumar (S.C. 9) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 27-04-2022 Heard learned counsel for the parties.

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

2/6

3/6 It is brought to our notice that the decision rendered by a coordinate Bench of this Court in CWJC No. 12104 of 2018, titled as M/s Sunny Stars Hotels Private Limited Vs. The State of Bihar & Ors. has attained finality, inasmuch as, the Special Leave Petition preferred by the State stands dismissed by Hon'ble the Apex Court vide order dated 17.01.2020 passed in SLP (Civil) No. 43744 of 2021. Parties agree that the petition can be disposed of. Mr. Gautam Kumar Kejriwal, learned counsel for the petitioner, states that certain amount already stands paid to the petitioner. As such, petitioner shall be content if the petition is disposed of with liberty granted to the petitioner to approach the authority concerned by filing a representation within a period of four weeks, with a direction to the authority concerned to consider and decide the same within a period of four weeks from the date of its presentation.

Prayer allowed.

Without expressing any opinion on merits of the claim, petition is disposed of with the liberty aforesaid. All issues on facts and law are left open. It is brought to our notice that the decision rendered by a coordinate Bench of this Court in CWJC No. 12104 of 2018, titled as M/s Sunny Stars Hotels

4/6 Private Limited Vs. The State of Bihar & Ors. has attained finality, inasmuch as, the Special Leave Petition preferred by the State stands dismissed by Hon'ble the Apex Court vide order dated 17.01.2020 passed in SLP (Civil) No. 43744 of 2021. Parties agree that the petition can be disposed of. Mr. Gautam Kumar Kejriwal, learned counsel for the petitioner, states that certain amount already stands paid to the petitioner. As such, petitioner shall be content if the petition is disposed of with liberty granted to the petitioner to approach the authority concerned by filing a representation within a period of four weeks, with a direction to the authority concerned to consider and decide the same within a period of four weeks from the date of its presentation.

Prayer allowed.

Without expressing any opinion on merits of the claim, petition is disposed of with the liberty aforesaid. All issues on facts and law are left open.

Needless to say that while considering such request, principles of natural justice shall be followed and due petition(s), if so required and desired.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available

5/6 in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms.

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

Needless to say that while considering such request, principles of natural justice shall be followed and due petition(s), if so required and desired.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms.

6/6 Interlocutory application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date