M/S Grand Engineering Works v. The Managing Director, Bihar Industrial Area Development Authority,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6166 of 2023 ====================================================== 1.

M/s Grand Engineering Works through its Proprietors- Md. Shahid Hussain, aged about 48 years, S/o- Late Zafiruddin, resident of ward no. 3, Devara, Mosadpur, P.S.- Barauni, District- Begusarai. 2.

Md. Shakir Hussain, S/o Late Zafiruddin, Resident of ward no. 3, Devara, Mosadpur, P.S.- Barauni, District- Begusarai. ... ... Petitioner

Versus

1.

The Managing Director, Bihar Industrial Area Development Authority, First Floor, East Gandhi Maidan, Patna 800004.

2.

The Executive Director, Bihar Industrial Area Development Authority, First Floor, East Gandhi Maidan, Patna 800004.

3.

The Senior Accounts Officer, Bihar Industrial Area Development Authority, First Floor, East Gandhi Maidan, Patna 800004. 4.

The Development Officer, Bihar Industrial Area Development Authority, First Floor, East Gandhi Maidan, Patna 800004. 5.

The Development Officer, Bihar Industrial Area Development Authority, Regional Office, Muzaffarpur.

6.

The Deputy General Manager, Bihar Industrial Area Development Authority, Muzaffarpur Cluster, District- Muzaffarpur.

7.

The Executive Director, Bihar Industrial Area Development Authority, Regional Office, Bela, Darbhanga.

8.

The Regional Incharge, Industrial Area, Barauni. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Kumar, Advocate For the BIADA :

Mr.Yashraj Bardhan, Advocate For the State :

Mr.AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar Industrial Area Development Authority (in short the 'BIADA'). Petitioner, in the present case, is seeking quashing of the office order passed by the Deputy General Manager, BIADA, Muzaffarpur Cluster vide memo no. 948 dated 17.06.2022 by

Patna High Court CWJC No.6166 of 2023(2) dt.01-05-2023 2/2 which the allotment of an industrial plot made to the petitioners at Industrial Area, Barauni has been cancelled and the amount deposited by the petitioners has been forfeited. Learned counsel for the petitioners has categorically submitted that they are not challenging the impugned order on merit but are seeking an indulgence from BIADA to consider their case for allowing them to establish and run the industry by giving an opportunity.

Learned counsel submits that this case may be disposed of in terms of the order passed by this Court in CWJC No. 6165/2023 (M/s Ludhiana Hosiery Vs. The State of Bihar and Ors.).

Learned counsel for the BIADA has opposed the writ application, however learned counsel submits that he would have no objection if this Court proposes to pass a similar order as has been passed in CWJC No. 6165/2023.

In the aforesaid view of the matter, this writ application is disposed of in terms of the order passed today in CWJC No. 6165/2023 (M/s Ludhiana Hosiery Vs. The State of Bihar and Ors.).

(Rajeev Ranjan Prasad, J.) Rajeev/- U