Karlo Automobiles P Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14915 of 2014 ====================================================== Karlo Automobiles (P) Ltd. Through Sanjeev Kumar Managing Director, Boring Road, P.S. S.K. Puri, District - Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Industrial Department, Govt. of Bihar, Patna 2.

Bihar Industrial Area Development Authority Patna through its Director, 1st Floor, Udyog Bhawan, East Gandhi Maidan, P.S. Gandhi Maidan, District - Patna 3.

Managing Director/ Acting Director, Bihar Industrial Area Development Authority Patna 1st Floor, Udyog Bhawan, East Gandhi Maidan, P.S. Gandhi Maidan, District - Patna 4.

The Chairman, Institute of Chartered of Accountant 3rd Floor, Jugat Trade Centre, Frazer Road, P.S. Kotwali, District - Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Nivedita Nirvikar, Sr. Adv.

Mr. Sujeet Kumar, Adv.

For the Respondent/s :

Mr. Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2023 Though the present writ petition has been filed for quashing the order dated 28.5.2014, passed in Appeal No. 14 of 2013 by the Principal Secretary, Industries Department, Bihar, Patna, as also the order dated 10.2.2012, passed by the Managing Director, Bihar Industrial Area Development Authority, Patna, however, considering the fact that the appeal of the petitioner has been dismissed in limine on the

Patna High Court CWJC No.14915 of 2014(2) dt.28-02-2023 2/3 ground that the appellant remained unrepresented repeatedly before the appellate authority, the learned counsel for the parties are in agreement that it would serve the interest of justice in case the appellate order dated 28.5.2014 is quashed and the appellate authority i.e. the Principal Secretary, Industrial Development, Bihar, Patna, is directed to hear the appeal of the petitioner on merits afresh.

Having regard to the facts & circumstances of the case & considering the submissions made by the Ld. Counsel for the parties, I deem it fit and proper to set aside the appellate order dated 28.5.2014, passed by the Principal Secretary, Industries Department, Bihar, Patna and remit the matter back to him for deciding the appeal afresh on its own merits, in accordance with law and passing a reasoned and a speaking order, within a period of six weeks of receipt / production of a copy of this order, after granting an opportunity of hearing to the petitioner.

It is needless to state that in case, the

Patna High Court CWJC No.14915 of 2014(2) dt.28-02-2023 3/3 petitioner remains unrepresented, the appellate authority shall not be detained from passing appropriate orders on merits within the aforesaid time frame.

The writ petition stands allowed to the aforesaid extent.

(Mohit Kumar Shah, J) Ajay/- U