Rajesh Kumar Agarwal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14450 of 2021 ====================================================== Rajesh Kumar Agarwal S/o Sri Bishwanath Agrawal R/o Village/MohallaGurudwara Road, R.N. Shaw Chowk, P.S.- K. Hat, Distt- Purnea. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Industries, Bihar, Patna.
2.
The Managing Director, Department of Industries, Bihar, Patna. 3.
The Chairman, Bihar Industrial Area Development Authority, Bihar, Patna. 4.
The Director, Bihar Industrial Area Development Authority, Bihar, Patna. 5.
The Deputy Director, Bihar Industrial Area Development Authority, Bihar, Patna.
6.
The Executive Director, Bihar Industrial Area Development Authority, Regional Office, Barari, Bhagalpur.
7.
The Development Officer, Bihar Industrial Area Development Authority, Regional Office, Barari, Bhagalpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Mallick, Advocate For the Respondent/s :
Mr. Yogendra Pd. Sinha (A.A.G. 7) ====================================================== 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 : 19-01-2022 Petitioner has prayed for following relief(s) : I) To quash the order dt. 28.11.2020 passed by the respondent no.06 the Executive Director, Bihar Industrial Area Development Authority, Regional Office, Barari, Bhagalpur.
II) Further direct the respondents to restore the allotment of land total an area of 28050 sqr. ft. of
Patna High Court CWJC No.14450 of 2021 dt.19-01-2022 2/3 land of plot no.20(P) in Industrial Growth Centre, Maranga under Distt. Purnea on the basis of lease of 90 years to the petitioner Rajesh Kumar Agrawal.
III) To direct the respondents to consider the prayer of the petitioner who is ready to fulfil all the liability and rules comprising in the BIADA. IV) To grant any other relief/reliefs as to which the petitioner is entitled in the facts and circumstances of the case."
After the matter was heard for some time, learned counsel for the petitioner does not want to press the present petition reserving liberty to file appeal before the appropriate authority.
Prayer allowed.
He may do so within a period of four weeks.
Learned counsel for the State states that if any such appeal is preferred by the petitioner within the aforesaid period, limitation shall not come in the way and the appeal shall be heard on merits, to be decided within a period of three months from the date of its filing. We only hope and expect the appropriate authority to consider and decide the appeal on its own merit and with reasonable dispatch.
We clarify that we have not expressed any opinion on facts and law. All issues are left open.
Patna High Court CWJC No.14450 of 2021 dt.19-01-2022 3/3 Learned counsel for the parties undertake not to take any unnecessary adjournment in such proceedings. The present petition stands disposed of with the liberty aforesaid.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/chn/- AFR/NAFR CAV DATE Uploading Date 21.01.2022 Transmission Date