Gautam Kumar Prasad @ Gautam Kumar v. The Bihar Industrial Area Developmet Authority

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3397 of 2024 ====================================================== Gautam Kumar Prasad @ Gautam Kumar S/o-Bhushan Singh R/o-Beldhna Nalanda, Bihar, 803113 ... ... Petitioner/s

Versus

1.

The Bihar Industrial Area Developmet Authority (BIADA), Udyog Bhawan Gandhi Maidan Patna through its Managing Director. 2.

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

3.

The Joint Managing Director, Bihar Industrial Area Developmet Authority (BIADA), 4.

The Executive Director, South, Bihar Industrial Area Developmet Authority (BIADA), Regional Office.

5.

The Deputy General Manager, Gaya Cluster, Bihar Industrial Area Developmet Authority (BIADA), 6.

The Area In Charge, Bihar Industrial Area Developmet Authority (BIADA), Industrial Area-Dehri-on-Sone.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar Pandey, Adv.

For the Respondent/s :

Mr. Lalit Kishore, Adv.

For the BIADA :

Mr. Gyan Shankar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 19-06-2024 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):- "i. For issuance of a direction in the nature of Mandamus directing the Respondents to forthwith release the Private Vehicle bearing No. JH12M3892 i.e., Ford Eco Sport, from the repossessed and cancelled unit of BIADA, i.e., M/s.

Mahavir Body Builder Corporation,

Patna High Court CWJC No.3397 of 2024(5) dt.19-06-2024 2/3 situated at Industrial Area- Dehri on Sone bearing admeasuring an area of 44000 sq. ft., arbitrarily, illegally, whimsically and maliciously withheld by the Respondents, without any jurisidiction, sanction of law as the aforesaid private vehicle is nowhere related to the BIADA/Allottee i.e., M/s.

Mahavir Body Builder Corporation."

3. Learned counsel appearing on behalf of the respondents BIADA has stated that they have no objection for handed over the possession of the disputed vehicle provided the original owner appears before the authority concerned and makes the claim. Learned counsel has stated that the present writ petition has been filed by the driver of the vehicle and not by the owner. However, learned counsel appearing on behalf of the petitioner has stated that in case the authorities are insisting for the original owner to appear before them then the original owner Shri Amresh Kumar son of Narendra Kumar shall appear before the authority concerned and the direction may be issued to the respondents BIADA to return the Ford Eco Sport bearing Vehicle No. JH12M3892.

4. Having regard to the above, the present writ petition is disposed of directing the original owner Shri Amresh Kumar to appear before the BIADA authorities and make his

Patna High Court CWJC No.3397 of 2024(5) dt.19-06-2024 3/3 claim over the vehicle bearing No. JH12M3892 along with all necessary documents to show that he is the owner of the vehicle. The authority concerned i.e. BIADA after verification of the document shall hand over the possession of the vehicle bearing No. JH12M3892 to Shri Amresh Kumar.

5. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U