M/S Bihar Trade Towers Projects Pvt. Ltd. (Erstwhile Uttam Pipes Pvt. Ltd.) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6875 of 2022 ====================================================== M/s Bihar Trade Towers Projects Pvt. Ltd. (erstwhile Uttam Pipes Pvt. Ltd.) a Company Registered under the Companies Act, 2013 having its office at 46, Patliputra Colony, Patna- 800013 through its authorized representativeAnand Kumar, aged about 37 years (Male), Son of Jai Nandan Prasad, Resident of Shiv Ji Mandir, Gandhi Mela Path, Tundi Road, P.S.- Govindpur, District- Dhanbad, Jharkhand.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Industry, Government of Bihar, Patna.

3.

Commissioner-cum-Secretary, Department of State Taxes, Government of Bihar, Patna.

4.

Director, Industries, Department of Industry, Government of Bihar, Patna. 5.

The Director (Technical Development), Department of Industry, Government of Bihar.

6.

The Bihar Industrial Area Development Authority, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Madan Kumar, Advocate Mr. Brisketu Sharan Pandey, Advocate For the Respondent/s :

Mr. Vivek Prasad, G.P.-7 Mr. Devesh Shankaran, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-05-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/5

3/5

4/5 It is brought to our notice that the decision rendered by a coordinate Bench of this Court in CWJC No. 12104 of 2018, titled M/s Sunny Stars Hotels Private Limited Vs. The State of Bihar & Ors. has attained finality, inasmuch as, the Special Leave Petition preferred by the State stands dismissed by Hon'ble the Apex Court vide order dated 17.01.2020 passed in SLP (Civil) No. 43744 of 2021.

Parties agree that the petition can be disposed of. Learned counsel for the petitioner, states that certain amount already stands paid to the petitioner. As such, petitioner shall be content if the petition is disposed of with liberty to the petitioner to approach the authority concerned by filing a representation within a period of four weeks, with a direction to the authority concerned to consider and decide the same within a period of four weeks from the date of its presentation.

Prayer allowed.

Without expressing any opinion on merits of the claim, petition is disposed of with the liberty/direction aforesaid. All issues on facts and law are left open.

Needless to add, while considering such request,

5/5 principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms.

Interlocutory application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Satyavrat Verma, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 20.05.2022 Transmission Date