Arun Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8184 of 2020 ====================================================== Arun Kumar Mishra Son of Sri Ramakant Mishra Proprietor Arun Udyog, 105 (P) Industrial Area, Barauni, P.O.- Tilarath, District- Begusarai, Resident of Mohalla- Visnupur Chaturbhuj, Ward No. 17, P.O. and District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Secretary Industry Department, Government of Bihar, Patna. 3.

Managing Director, Bihar Industrial Area Development Authority, Patna. 4.

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

For the Petitioner/s :

Mr. Naresh Chandra Verma, Advocate Mr. Natraj Verma, Advocate Mr. Arun Kumar Lal, Advocate For the Respondent/s :

Mr. Rajiv Roy, GP.1 Mr. Piyush Lall, Advocate Mr. Devesh Shankaran, Advocate Mr. Pankaj Kumar Sinha, 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 ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) ======================================================= Date : 27-01-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "1. That, this writ application is for quashing the order dated 24.07.2020 passed by Respondent No. 2 in

2/4 Appeal Case No. 47 of 2019 as contained in annexure5 and the order dated 20.11.2019 passed by Respondent No.2 and communicated by Respondent No. 3 vide memo no. 6728/D/CN/58409 dated 20.11.2019 as contained annexure-3 by which the Industrial plot allotted to the petitioner has been cancelled." Vide his supplementary affidavit dated 3rd of January, 2022, petitioner has averred as under:- Pursuant to our previous order dated 13th of January, 2022, petitioner has now filed yet another affidavit furnishing his undertaking in the following terms:

3/4 Learned counsel for BIADA states that petition can be disposed of in terms of the undertaking so furnished.

The undertaking is accepted and taken on record. Consequence of breach thereof, including initiation of proceedings for contempt having violated the undertaking furnished before this Court stands explained to the petitioner through the learned counsel.

As such, petition is disposed of in the following terms:-

4/4 (a). Undertaking of the petitioner dated 24.01.2022 (reproduced supra) is accepted and taken on record;

(b) Petitioner has been made aware of the consequences of breach thereof, including initiation of proceedings for contempt; (c) In the event of default of the undertaking, petitioner shall hand over vacant and peaceful possession of the allotted property to BIADA;

(d) Liberty reserved to BIADA, to approach this Court, should the petitioner fail to abide by the undertaking furnished before this Court. (e) Order dated 24.07.2020 passed by respondent no.2, namely the Secretary, Industry Department, Government of Bihar, Patna in Appeal Case No.47 of 2019 (Annexure-5) and the order dated 20.11.2019 passed by respondent no.2 namely the Secretary, Industry Department, Government of Bihar and communicated by respondent no.3 namely Managing Director, Bihar Industrial Area Development Authority, Patna (Annexure-3) are quashed and set aside.

Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 29.01.2022 Transmission Date