The Bihar Industrial Area Development Authority And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No. 902 of 2014 Arising out of Civil Writ Jurisdiction Case No. 7568 of 2010 Along with Interlocutory Application No. 4732 of 2014 In Letters Patent Appeal No. 902 of 2014 ===========================================================
1. The Bihar Industrial Area Development Authority- through its Managing Director, Udyog Bhawan, East to Gandhi Maidan, P.S. Gandhi Maidan, District & Town- Patna.
2. The Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East to Gandhi Maidan, P.S. Gandhi Maidan, District & Town- Patna.
3. The Executive Director, Bihar Industrial Area Development Authority, Regional Office, Darbhanga.
.... .... Respondent Nos. 3, 4 & 5 - Appellant Nos. 1, 2 & 3
Versus
1. The State of Bihar- through the Industrial Development Commissioner, Government of Bihar, Patna.
2. The Industrial Development Commissioner, Government of Bihar, Patna. ...........Respondent Nos. 1 & 2- Respondent Nos. 1 & 2
3. M/s Variety Readymade Garments, Industrial Area, Pandaul, P.S.- Pandaul, District Madhubani- through its Proprietor Deo Narayan Mahto, Son of Akloo Mahto, resident of Village & P.S. Pandaul, District Madhubani. .... .... Petitioner Respondent No. 3 =========================================================== Appearance :
For the Appellant/s (BIADA) :
Mr. Rajeev Ranjan Prasad, Mr. Nilanjan Chatterjee & Mr. Sudhanshu Trivedi, Advocates For the Respondent/s :
Mr. V. R. P. Singh, Advocate For the State :
Mr. Subhash Prasad Singh, Advocate Mr. Shiv Kumar, A.C. to G.A. 3 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 05-10-2016
Patna High Court LPA No.902 of 2014 dt.05-10-2016 2/3 Re.: Interlocutory Application No. 4732 of 2014 The application is for condonation of delay of 124 days in filing of the appeal.
For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, the delay of 124 days in filing of the appeal is condoned.
Interlocutory Application stands disposed off. Re.:Letters Patent Appeal No. 902 of 2014 The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 27.08.2013 allowing the writ applications filed by the respondents on the basis of Single Bench judgment of this Court in the case of Deepak Paints & Ors. V. The State of Bihar & Ors. reported as 2008(2) PLJR 293.
Learned counsel for the appellants points out that the judgment of the learned Single Bench has been modified in L.P.A. No. 353 of 2008 (Bihar Industrial Area Development Authority & Ors. Vs. Deepak Paints Pvt. Ltd. & Ors.) and other analogous cases on 18.03.2015. The order of cancellation of lease was set aside but time was granted to establish the industry etc. Learned counsel for the parties agree that the issues
Patna High Court LPA No.902 of 2014 dt.05-10-2016 3/3 raised in the present Letters Patent Appeal are covered by the judgment of this Court in Bihar Industrial Area Development Authority's case (Supra).
In view thereof, the present Letters Patent Appeal is disposed off in the same term as Bihar Industrial Area Development Authority's case.
(Hemant Gupta, J.) (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date