Work Brigade Venture Llp, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8190 of 2023 ====================================================== Work Brigade Venture LLP, having its registered office at 2/1, Patliputra Industrial Area, Patliputra, Patna, Bihar, through its Director Raju Kumar Gupta Male Aged about 58 Years son of Late Laxmi Narayan Gupta, Resident of Khalasi Mohalla, Sadar Bazaar, Jamalpur-811214, PS- Sadar Bazaar Dist.- Munger.

... ... Petitioner

Versus

1.

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

2.

The Bihar Industrial Area Development Authority, having its office at Udyog Bhawan, Patna through its Managing Director.

3.

The Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, Patna.

4.

The Deputy General Manager, Bihar Industrial Area Development Authority, Udyog Bhawan, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Ms. Nivedita Nirvikar, Sr. Advocate Mr. Arya Achint, Advocate For the Respondent/s :

Mr. Indeshwari Prasad Mandal, AC to GA-3 For the BIADA :

Mr. Parth Gaurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-06-2023 Heard learned senior counsel for the petitioner and learned counsel for the Bihar Industrial Area Development Authority (hereinafter referred to as the 'BIADA'). Petitioner in the present case is aggrieved by and dissatisfied with Annexures '6' and '7' which are two showcause notices dated 05.05.2023 and 19.05.2023 respectively. Learned senior counsel for the petitioner submits that on bare perusal of the two show-cause notices, it would appear that the respondent BIADA is taking self-contradictory stand. In

Patna High Court CWJC No.8190 of 2023(3) dt.07-06-2023 2/2 one of the show-cause notices, it is stated that the petitioner has not started any production whereas in the another show-cause notice, it is stated that the petitioner is not doing production to its full capacity.

Learned counsel for the BIADA submits that primafacie there seem some sort of contradictions but at this stage, no view is required to be taken by this Court because by issuing both the show-cause notices, the petitioner has been given an opportunity to explain its stand which the BIADA will definitely consider and only thereafter appropriate decision shall be taken. Having regard to the stand taken on behalf of the BIADA, this Court grants liberty to the petitioner to file its show-cause within two weeks from today whereafter the competent authority of BIADA shall take an appropriate decision in accordance with law after giving an opportunity of hearing to the petitioner. Until final decision is taken by the competent authority, no adverse action shall be taken against the petitioner.

This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) shivank/- U