M/S Rajdhani Trade Impex v. The Bihar Industrial Area Development Authority
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12807 of 2021 ====================================================== M/s Rajdhani Trade Impex, a partnership firm having its place of business at Plot No. 7 B Type in the Fatuha Industrial Area, Fatuha District Patna through one of its partners Shri Munendra Kumar Sinha male aged about 63 years S/o Late Jaipatti Singh, Near Devisthan, Vill and P.O.- Mithan Chhak, P.S.- Gopalpur, District - Patna - 804453.
... ... Petitioner/s
Versus
1.
The Bihar Industrial Area Development Authority through its Managing Director, Udyog Bhawan, Gandhi Maidan, Patna. 2.
The Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, Gandhi Maidan, Patna.
3.
The Executive Director, Bihar Industrial Area Development Authority, Udyog Bhawan, Gandhi Maidan, Patna.
4.
The Secretary, Bihar Industrial Area Development Authority, Udyog Bhawan, Gandhi Maidan, Patna.
5.
The Development Officer, Bihar Industrial Area Development Authority, Udyog Bhawan, Gandhi Maidan, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Jha, Advocate For the Respondent/s :
Mr. Piyush Lall, Advocate Mr. Girijish Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 28-01-2022 Heard learned counsel for the parties.
2/4 Petitioner has prayed for the following relief(s):-
3/4 It is not in dispute that the land/property in question allotted by the Bihar Industrial Area Development Authority (BIADA) to the petitioner was not put to use for the purpose, as envisaged in the letter of allotment.
We notice that the petitioner has been dillydallying the issue of establishment of the unit, just retarding the industrial growth within the State of Bihar. We are also informed that the petitioner has been resorting to litigation before the different fora, but without any success. BIADA taken
4/4 over possession of the allotted site also on account of nonpayment of the dues. This was in the year 2018. Learned counsel appearing on behalf of the BIADA states that immediately thereafter i.e. in the year 2019, the property, subject matter of the lis, stands allotted to a third party and possession thereof also handed over. We notice that petitioner has filed the instant petition only in July, 2021.
As such, we are left with no option but to dismiss the petition on merits as also on account of delay and laches. Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 31.01.2022 Transmission Date