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Patna High CourtCWJC/15532/2021disposed

M/S. Ranjeet Enterprises v. The State Of Bihar

2022-07-21The Chief Justice -,Mr. Justice S. Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15532 of 2021 ====================================================== M/s. Ranjeet Enterprises (Industrial Area Barauni) represented through Shambhu Kumar, Gender- Male, aged about 40 years Son of Ramdev Sharma, R/o Ward No. 4, Deona, P.O. and P.S. Tilrath, District- Begusarai, Bihar851122. ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Department of Industries, Government of Bihar, Patna.

3.

The Bihar Industrial Area Development Authority (BIADA), through the Managing Director, 1st Floor, Udyog Bhawan, Gandhi Maidan, Patna. 4.

The Managing Director, Bihar Industrial Area Development Authority (BIADA), 1st Floor, Udyog Bhawan, Gandhi Maidan, Patna. 5.

District Magistrate, Begusarai.

6.

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

7.

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

8.

The Area In Charge, Industrial Area Barauni.

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

For the Petitioner/s :

Mr.Rajesh Ranjan, Advocate For the Respondent/s :

Mr.Kinkar Kumar ( SC9 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

2/6

3/6

4/6 Pursuant to our previous order, petitioner has given an undertaking by way of filing a supplementary affidavit. Relevant paragraphs whereof are reproduced as under:- "2. That, in pursuance of the order dated 19.05.2022 passed by this Hon'ble High Court in C.W.J.C. No.15532 of 2021, I am filing this undertaking as follows:- i. That, I, hereby undertake to do trial run of the said unit within three months from today, ensure commercial production upto 50% within six months thereafter and ensure commercial production minimum upto 75% within one year.

ii. That also undertakes that on receipt of dues amount payable by me to the BIADA, I will pay the same to the BIADA as on date.

iii. That I further undertake that in the event of my said unit not being made operational and functional by me within one year, I will hand over and the vacant and peaceful possession to BIADA.

iv. That I further undertakes that in the event of default I shall be liable for being prosecuted for having committed contempt of this Hon'ble Court."

5/6 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:- (a) Undertaking of the petitioner dated 24.06.2022 (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, petitioners 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 05.02.2021 passed by respondent no.2, namely, The Additional Chief Secretary, Department of

6/6 Industries, Government of Bihar, Patna in Appeal Case No.01 of 2020 (Annexure 9 ) and the order dated 11.09.2014 passed by respondent no.4, namely, The Managing Director, Bihar Industrial Area Development Authority (BIADA), 1st Floor, Udyog Bhawan, Gandhi Maidan, (Annexure 8) Patna 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) Sanjay/- Ranjan AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA