M/S Ashok Kumar Dilip Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10506 of 2011 ====================================================== M/S Ashok Kumar Dilip Kumar Industrial Area, Pandaul P.S.-Pandaul, Distt.-Madhubani Through Its Proprietor Dilip Kumar Son Of Sri Baldeo Sah R/O Village + P.S.-Pandaul, Distt.-Madhubani .... .... Petitioner/s

Versus

1. The State Of Bihar through the Industrial Development Commissioner, Govt. Of Bihar Patna

2. The Industrial Development Commissioner Govt.Of Bihar

3. Bihar Industrial Area Development Authority through its Managing Director, Indira Bhavan Patna

4. The Managing Director Bihar Industrial Area Development Authority Indira Bhavan Patna

5. The Executive Director Bihar Industrial Area Development Authority Indira Bhavan Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vaidehi Raman Prasad Sing For the Respondent/s : Mr. Lalit Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-09-2015 Heard Mr. V.R.P. Singh for the petitioner and Mr. Piyush Lall for the respondent-Bihar Industrial Area Development Authority (for short 'the BIADA').

The land leased out to the petitioner by the BIADA was cancelled leading to filing of the writ case. Mr. Singh states that the case of the petitioner is squarely covered by the order passed by a Division Bench of this Court in LPA No. 353 of 2008 (BIADA vs. Deepak Paints Pvt. Ltd.) and its analogous cases since reported in 2008 (2) PLJR 293. In case

Patna High Court CWJC No.10506 of 2011 (2) dt.07-09-2015 2/2 of the lease executed by the respondent-BIADA, the learned Single Judge in CWJC No.7352 of 2007 held that such lease cannot be cancelled by the Managing Director. Aggrieved by the order passed in the writ application, the BIADA filed LPA which was disposed of by order dated 18.03.2015, copy whereof has been handed in by Mr. Lall which is taken on record and marked 'X' for identification.

Mr. Lal has not disputed the said stand.

Regard being had to the agreement at Bar, the present writ application is disposed of in the terms in which LPA No. 353 of 2008 was disposed of.

In case of any confusion/doubt or clarification, the party will refer to the order passed by the Division Bench in LPA No. 353 of 2008.

(Kishore Kumar Mandal, J) HR/- U