Patna High CourtL.P.A/667/2016dismissed

M/S Hari Om Industries v. The State Of Bihar And ORS

2017-05-08Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.667 of 2016 ====================================================== M/s Hari Om Industries, Industrial area at Fatuha (Patna) through its Proprietor Janardan Prasad Sinha, Son of not known, Assistant. at present of residing at c/o Ram Sewak Prasad, village- Rahimpur, P.O. and P.S.- Parsa Bazar, district- Patna (Bihar) PIN- 804453. .... .... Appellant

Versus

1. The State of Bihar through Principal Secretary, Industry Deptt, Govt. of Bihar, New Secretariat Building, Patna, Pin Code- 800001.

2. Bihar Industrial Area Development Authority Patna through its Chairman,

3. Managing Director, Bihar Industrial Area Development Authority Patna.

4. Executive Director, Bihar Industrial Area Development Authority Patna. Serial nos. 2, 3 and 4 situated at Udyog Bhawan, 1st floor, East Gandhi Maidan, Patna Pin Code- 800004,

5. The Area Incharge, Industrial area at Fatuha, District- Patna. .... .... Respondents ====================================================== Appearance :

For the Appellant : Mr. Ram Chandra Prasad, Advocate. For the Respondent No. 1 : Mr. Ajay Bihari Sinha, G.A. 8. For the Respondent Nos. 2-5 : Mr. Girijesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-05-2017 Apart from the fact there is an inordinate delay of one year and 124 days in filing of an appeal under Clause 10 of the Letters Patent, we find that the petitioner was allotted the land for establishment of an Industry and even after 14 years of allotment the Industry was not established and therefore the allotment has been cancelled. After taking note of various facts the learned Writ Court has passed a detailed order and has rejected the writ

Patna High Court LPA No.667 of 2016 (4) dt.08-05-2017 2/2 petition. We see no reason to make any indulgence in the matter. The appeal stands dismissed.

(Rajendra Menon, CJ) (Sudhir Singh, J) U U.K./-