M/S Agro Feed Industry v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7584 of 2008 ====================================================== M/S Agro Feed Industry, having its office Manjhari Nikunj at Amgola, District Muzaffarpur, through its partner Anil Agrawal, son of late Kedar Nath Agrawal, resident of Jawaharlal Road, P.S. & District Muzaffarpur. ... ... Petitioner/s

Versus

1. The State Of Bihar, through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Industry Department, Govt. of Bihar, Patna.

3. The Bihar Industrial Area Development Authority, Patna through its Managing Director, Indira Bhawan, Boring Canal Road, Patna.

4. The Managing Directing, the Bihar Industrial Area Development Authority, Indira Bhawan, Boring Canal Road, Patna.

5. The Executive Director, Bihar Industrial Area Development Authority, Regional Office, Muzaffarpur.

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

For the Petitioner :

Mr. Amit Kumar Anand, Advocate For the BIADA :

Mr.Lalit Kishore, Sr. Advocate Mrs. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2019 Heard the parties.

In the present writ application, the following reliefs have been sought for on behalf of the petitioner : 1(i) For quashing of letter No.1869 dated 25/8/2007, issued by Executive Director, Bihar Industrial Area Development Authority, Regional Office, Muzaffarpur (hereinafter to be referred as BIADA), by which the transfer fee of plot in question has been re-determined as Rs.5,25,500/-. (ii) For direction to the respondent BIADA to refund Rs.5,25,500/-, which has been deposited by the petitioner as transfer fee of plot in question pursuant to the above said letter.

Patna High Court CWJC No.7584 of 2008(4) dt.08-01-2019 2/3 (iii) For quashing of letter No.1100 dated 14/7/2007, issued by the Executive Director, BIADA, Regional Office, Muzaffarpur, by which the petitioner was directed to deposit Rs.81,265/- being penalty for the alleged civil construction work on the plot in question.

(iv) For direction to the respondent BIADA to refund Rs.81,265/- to the petitioner, which has been deposited pursuant to the above said letter.

(v) For quashing of letter No.1054 dated 10/11/2007 (Annexure-18 to this writ application), issued by the Executive Director, BIADA, Regional office, Muzaffarpur by which the petitioner was directed to deposit Rs.1,75,000/- at once on account of general charges without any specific norms. (vi) For direction to the respondent BIADA to refund Rs.52,500/- deposited by the petitioner being 30% of the general charges in pursuant to the above said order.

By order dated 05.09.2012, it was directed that the present application be listed after disposal of L.P.A. No.125 of 2011 and L.P.A. No.68 of 2008, as the issues relating the present writ application are squarely covered.

As per the office note dated 06.09.2018, it has been pointed out that L.P.A. No.125 of 2011 and L.P.A. No.68 of 2008 have already been disposed of on 11.05.2015.

Patna High Court CWJC No.7584 of 2008(4) dt.08-01-2019 3/3 The present writ application stands disposed of in terms of the order dated 11.05.2015 passed in L.P.A. No.125 of 2011 and L.P.A. No.68 of 2008.

(Sudhir Singh, J) Narendra/- U