M/S Bhagwati Chemical Industries v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16000 of 2021 ====================================================== M/s Bhagwati Chemical Industries represented through its proprietor Smt. Lakshmi Devi, Gender- Female, aged about 56 years W/o Shri Vipin Kumar Singh, R/o Panshala, P.O. Bhairwar, P.S. Begusarai, District- Begusarai, Bihar ... ... 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, (BIADA), Patna, 1st Floor, Udyog Bhawan, Gandhi Maidan.

7.

The Executive Director, (BIADA), Regional Office, Bhagalpur. 8.

The Area Incharge, Industrial Area, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Yogendra Pd. Sinha, AAG 7 Mr. Pankaj Kumar Sinha, Advocate Mr. Devesh Shankaran, Advocate ====================================================== 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 : 14-02-2022 Petitioner has prayed for the following relief(s):-

2/5

3/5 On 21.01.2022, we have passed the following order:- "Learned counsel for BIADA states that as on date no 3rd party rights stand created.

Learned counsel for the petitioner states that petitioner is ready and willing to furnish an undertaking to this Court to the effect that (a) within six months, petitioner shall make the Unit fully operational and functional in terms of the product sanctioned and allowed to be manufactured as per the original terms of allotment; (b) petitioner shall clear all the dues payable to BIADA as on date; (c) petitioner shall make itself compliant with all the statutory requirements, including the ones protecting interest of the employees.

However, BIADA has to recall the orders passed cancelling the allotment of the premises.

4/5 Let BIADA take a call on the offer made by the petitioner.

List on 11th February, 2022.

We are sure that the respondent BIADA would take a decision in the affirmative, which, in our considered view, would be in public interest as also in the interest of the State to generate economic growth as also provide employment to the people."

Today, petitioner has placed on record supplementary affidavit, whereby an undertaking to this Court stands furnished in the following terms:-

5/5 Undertaking is accepted and taken on record.

BIADA has no objection to the order being passed, as is so being passed in similarly situated cases to augment the industrial growth within the State of Bihar. Petitioner's undertaking that he would revive the unit within six months and make it fully operational and functional, is accepted and taken on record.

Consequence of breach thereof stands explained through the learned counsel.

This Court would not hesitate to not only initiate proceedings of contempt for violating such an undertaking, but also direct the BIADA to take over possession of the property for allotment to a third party in accordance with law. Present petition stands disposed of in the aforesaid terms.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/- AFR/NAFR CAV DATE Uploading Date 18.02.2022 Transmission Date