M/S Prashant Mini Flour Mill v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6873 of 2015 ====================================================== M/s Prashant Mini Flour Mill Son of Late Kripa Nath Prasad, Resident of Durga Mandir, Raja Bazar, Police Station - Bihiya, District - Bhojpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Managing Director, Bihar Industrial Area development authority Ist floor Udyog Bhawan eAst Gand 3.

The Executive Director Bihar Industrial Area development Authority, Ist floor Udyog Bhawan East Gan 4.

The Incharge Industrial Area, Bihiya District - Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Prasad Singh For the BIADA :

Ms.Prakritita Sharma For the Respondent/s :

Mr.Dr. A.K. U Padhyaya, SC-20 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 01-04-2024 There is no representation for the petitioner on 14.03.2024 as well as on 27.03.2024. Today also, none appears on behalf of petitioner.

2. Earlier this Court had directed the counsel for respondent BIADA to file documents to show that the property which was taken over on 01.06.2022 was allotted to third party on 05.04.2022.

3. Learned counsel for respondent nos. 2 to 4 brought on record those documents by way of filing supplementary counter affidavit. As per the said documents, it is evident that Plot No. A-6(P) admeasuring an area of 22082 sq. ft. was

Patna High Court CWJC No.6873 of 2015(14) dt.01-04-2024 2/2 allotted to M/s Gangeshwar Pandey Pvt. Ltd. for establishment of Atta (flour) Chokar Unit vide letter no. 1240/D dated 05.04.2022 and the physical possession of the same has also been handed over vide Memo No. 716/Bih dated 01.06.2022 and the allotment letter was also filed as per the Annexure-R/K series of supplementary counter affidavit.

4. The record reveals that the writ petition is filed for issuance of appropriate writ or direction or writ in nature of certiorari to set aside the office order vide Memo No. 345 dated 23.01.2015 issued by the Executive Director Bihar Industrial Area Development Authority, BIADA, Patna. As per the supplementary counter affidavit the Plot No. A-6(P) admeasuring area of 22082 sq. ft. was allotted to the third party and the third party was also not made respondent in this case and the order of allotment was also not challenged in the writ petition. Therefore, the writ petition itself becomes infructuous.

5. In result writ petition is dismissed as infructuous. (G. Anupama Chakravarthy, J) vinita/- U