Standard Offset v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7968 of 2022 ====================================================== Standard Offset Plot No. -A-9, 10 Industrial Area, Fatwah, Patna, Office Near National Book Depot, Opp. Patna College, Ashok Rajpath, Patna through its partner Ravi Bhushan Prasad (M) 61 years, S/o Late Nand Keshwar Prasad, R/o Mohalla-Nayatola, P.O.-Bankipore, P.S.-Kadamkuan, Patna-800004. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Industry Department, Government of Bihar, Vikash Bhawan, Bailey Road, Patna.

3.

The Managing Director, Bihar Industrial Area Development Authority (BIADA), Patna.

4.

The Executive Director, Bihar Industrial Area Development Authority (BIADA), Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar, Advocate For the Respondent/s :

Mr.Kinkar Kumar, SC-9 Ms. Deepika Sharma, AC to SC-9 For respondent :

Mr. Pankaj Kumar Sinha, Advocate For BIADA :

Mr. Devesh Shankaran, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 08-09-2022 Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :

2/4 On 30.06.2022, we had passed the following order:- "Petitioner will file an undertaking to the effect that he will commence commercial production in the unit within 90 days should the respondents hand over the possession to the petitioner. Also, petitioner undertakes to clear the entire dues.

Let such an undertaking be filed.

List on 21.07.2022."

Petitioner has filed an undertaking by way of an affidavit dated 21.07.2022 in the following terms:

3/4 In view of the aforesaid, petitioner's undertaking is accepted and taken on record.

BIADA has no objection to the order being passed,

4/4 as is so being passed in similarly situated cases to augment the industrial growth within the State of Bihar.

Petitioner's undertaking that he would revive the unit within six months and make it fully operational and functional, is accepted and taken on record.

Consequence of breach thereof stands explained through the learned counsel.

Learned counsel for the respondent undertakes to handover the possession within a period of one week from today. This Court would not hesitate to not only initiate proceedings of contempt for violating such an undertaking, but also direct the BIADA to take over the possession of the property for allotment to a third party in accordance with law. Present petition stands disposed of in the aforesaid terms.

Interlocutory application, if any, stands disposed of accordingly.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 09.09.2022 Transmission Date