M/S C.B.S. Industry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.135 of 2021 ====================================================== M/s C.B.S. Industry through its Proprietor Mr. Chandra Bhushan Singh, Gender-Male, aged about 64 years, R/o Village- Ward No.9, Mosaedpur, P.O.- Tilrath, P.S.- Barauni, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Department of Industries, Government of Bihar, Patna.

2.

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

The Bihar Industrial Area Development Authority (BIADA) through the Managing Director, Udyog Bhawan, Gandhi Maidan, Patna. 4.

The Managing Director, Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.

5.

District Magistrate, Begusarai, 6.

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

7.

The Development Officer, Bihar Industrial Area Development Authority (BIADA), Regional Office, Patna.

8.

The Area Incharge, Industrial Area- Barauni.

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

For the Petitioner/s :

Mr.Rajesh Ranjan, Adv.

For the BIADA :

Mr. Pankaj Kumar Sinha, Adv.

Mr. Divesh Shankaran, Adv.

For the State :

Mr. Shivkumar, AC to GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 07-12-2021 Admittedly, the petitioner has complied with all the conditions as is envisaged by order dated 15.7.2019, passed in Appeal Case No. 8/2019 (Annexure-15) however, the bank guarantee has been furnished by him after delay of two months, thus, BIADA returned the same to the petitioner.

Patna High Court CWJC No.135 of 2021(4) dt.07-12-2021 2/2 The petitioner is now ready to furnish the bank guarantee again. He has relied on the order passed in L.P.A. No. 257 of 2019 (Sarvashree Anand Engineering vs. The State of Bihar & Ors.). However, it has been contended that BIADA may now accept the bank guarantee so that the order dated 15.7.2019 can be implemented.

The learned counsel for the BIADA has no objection if the conditions enumerated in Appellate order dated 15.7.2019 is complied with within a stipulated time frame. The present writ petition stands disposed off, however, with an observation that in case the petitioner complies with the conditions mentioned in the Appellate order dated 15.7.2019 within a period of four weeks from today, the plot in question shall be restored to him.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Tiwary/-Ajay/- U