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Patna High CourtCWJC/4590/2022disposed

M/S. Vishwanath Industries, v. The State Of Bihar

2022-07-21The Chief Justice -,Mr. Justice S. Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4590 of 2022 ====================================================== M/s. Vishwanath Industries, Plot No. 11, Industrial Estate, Katihar, DistrictKatihar (Bihar) through its proprietor Subhash Kumar Tambakuwala, aged about 54 years, S/o Late Bishwanath Tambakuwala, Resident of MohallaManga Bazar, P.O. and P.S.-Powerhouse Road, Binodpur, Katihar, DistrictKatihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Industries, Government of Bihar, Patna.

2.

The Secretary, Department of Industries, Government of Bihar, Patna. 3.

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

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

5.

District Magistrate, Katihar, District Collectorate, Katihar. 6.

The Executive Director, Bihar Industrial Area Development Authority (BIADA), Regional Office, Bhagalpur.

7.

The Development Officer, Bihar Industrial Area Development Authority (BIADA), Regional Office, Barari, Bhagalpur.

8.

The Area Incharge, Industrial Estate-Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan, Advocate For the Respondent/s :

Mr. Subhash Prasad Singh ( GA 3 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:-

2/7

3/7

4/7 Pursuant to our previous order, petitioner has given an undertaking by way of filing a supplementary affidavit. Relevant paragraphs whereof are reproduced as under:-

5/7 Learned counsel for 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

6/7 through the learned counsel.

As such, petition is disposed of in the following terms:- (a) Undertaking of the petitioner dated 24.06.2022 (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, petitioners shall hand over vacant and peaceful possession of the allotted property to BIADA;

(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 01.07.2020 passed by respondent no.2, namely, The Secretary, Department of Industries, Government of Bihar, Patna in Appeal Case No.22 of 2019 (Annexure 9 ) and the order dated 14.03.2019 passed by respondent no.6, namely, The Executive Director, Bihar Industrial Area Development Authority (BIADA), Regional Office, Bhagalpur, (Annexure 8) Patna are quashed and set aside; Petition stands disposed of in the aforesaid terms.

7/7 Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) Sanjay/-Ranjan ( S. Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA