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Patna High CourtCWJC/3936/2023dismissed

M/S Govind Industries v. The State Of Bihar

2023-04-24Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3936 of 2023 ====================================================== M/s Govind Industries through its proprietor Sujit Kumar Mishra, GenderMale, aged about 44 years, S/o Late Laxmi Kant Mishra, R/o- Gram- Ladari, P.O.- Samaila Lalganj, Anchal- Keoti, Ladari, P.S.- Lalganj, Keotiranway Darbhanga, Bihar- 847121.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department of Industry, Govt. of Bihar.

2.

The Principal Secretary, Department of Industries, Govt. of Bihar. 3.

The Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna through its Managing Director. 4.

The Managing Director, Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.

5.

The Joint Managing Director, Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.

6.

The Executive Director, North, Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna. 7.

The Deputy General Manager Cluster Office, Darbhanga Cluster, Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.

8.

The Area Incharge, Industrial Area- Bela, Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachin Kumar, Advocate For the State :

Ms. Manisha Singh, AC to GP 7 For the B.I.A.D.A.

:

Mr. Parth Gaurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 24-04-2023 Heard the parties.

2. The petitioner's plot was cancelled by the B.I.A.D.A. way back on 27.04.2017 on the ground that after

Patna High Court CWJC No.3936 of 2023 dt.24-04-2023 2/2 allotment of the plot in 2012/2013, the petitioner did not utilize the plot, nor he set up any industrial unit. Resultantly, after giving show cause notice and after conducting inspection, the allotment of plot was cancelled. The petitioner did not challenge the said order in any Court for five years and an appeal was filed in 2022 challenging the order dated 27.04.2017, which has been dismissed by the appellate authority on the ground of laches as well as on merits by the appellate authority. The petitioner's counsel has not been able to show any cogent grounds for interference with the order passed by the appellate authority. He has not been able either to satisfy this Court as to why he did not file an appeal, nor he has been able to satisfy the Court about having setup any industry.

3. This writ petition is devoid of merits and is, accordingly, dismissed.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 41 AFR/NAFR CAV DATE Uploading Date 25.04.2023 Transmission Date