M/S Ujjawal Chemicals Pvt. Ltd v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19183 of 2011 =========================================================== M/s. Ujjawal Chemicals Pvt. Ltd. Industrial Estate, Hajipur Aloth, District - Samastipur through its Managing Director, Hare Ram Choudhary S/O Sri Ganga Prasad Choudhary, R/O Village and Post - Chandauli, P.S. - Ujjiarpur, District - Samastipur .... .... Petitioner
Versus
1. The State of Bihar through Industrial Development Commissioner, Patna
2. Bihar Industrial Area Development Authority through its Managing Director, 67 Floor, Indira Bhawan, Patna
3. The Managing Director, Bihar Industrial Area Development Authority, 6-7 Floor, Indira Bhawan, Patna
4. The Executive Director, Bihar Industrial Area Development Authority, Bela Darbhanga, District - Darbhanga .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. AMARESH KUMAR SINHA, ADVOCATE For the Respondents : None =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-04-2016 Heard learned counsel for the petitioner. None appears on behalf of any of the Respondents despite repeated calls.
2. The present writ petition has been filed for quashing the letter bearing No. 1747 dated 24.09.2011 issued by the respondent no. 4 (as contained in Annexure-14) whereby the respondent authorities has refused to grant permission to change the product and name of the petitioner's company and further directed to ensure the production of the initial product within a
Patna High Court CWJC No.19183 of 2011 dt.05-04-2016 period of 30 days failing which the allotment of land in favour of the petitioner would be cancelled.
3. Learned counsel for the petitioner makes a short submission to the effect that even though the petitioner's request for change of name as well as product has been rejected by impugned order dated 24.09.2011 the respondent BIADA has not yet cancelled the allotment of the petitioner. It is submitted that the petitioner would be entitled to the benefit of a Division Bench judgment of this Court dated 18.03.2015 passed in LPA No. 353 of 2008 (Bihar Industrial Area Development Authority and others vs. Deepak Paints Pvt. Ltd. and others) and analogous cases. Learned counsel for the petitioner submits that the petitioner unit has proposed diversification by requesting for change of product which was not entertained at the relevant time.
4. Having regard to the nature of the prayer of the petitioner, this Court is of the view that the ends of justice will be met if the impugned order dated 24.09.2011 (Annexure-14) is set aside and the petitioner is granted liberty to approach the respondent BIADA with a fresh representation within a period of three weeks from today. In such event, the respondent BIADA shall consider the same in the light of the aforesaid judgment of the Division Bench of this Court in LPA No. 353 of 2008 and
Patna High Court CWJC No.19183 of 2011 dt.05-04-2016 analogous cases and pass fresh orders thereon in accordance with law.
5. It is made clear that in case the petitioner fails to file its representation within the aforesaid stipulated time, the order dated 24.09.2011 shall continue to stand and no fresh order woud required to be passed.
6. The writ petition stands disposed of.
(Vikash Jain, J) Chandran U