M/S. Shankar Industries, Industrial Area, Buxar v. The Bihar Industrial Area Development Authority
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11361 of 2022 ====================================================== 1.
M/s. Shankar Industries, Industrial Area, Buxar through its proprietor Ram Bihari Singh, aged about 58 years, Son of Dahari Singh, Resident of Village and P.O.- Majharia, District- Buxar.
2.
Ram Bihari Singh, Son of Dahari Singh, Resident of Village and P.O.- Majharia, District- Buxar.
... ... Petitioner/s
Versus
1.
The Bihar Industrial Area Development Authority through its Joint Managing Director, Udyog Bhawan, Patna.
2.
The Joint Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, Patna.
3.
The Acting Director (Administration), Bihar Industrial Area Development Authority, Udyog Bhawan, Patna.
4.
The Deputy General Manager, Bihar Industrial Area Development Authority, Udyog Bhawan, Patna.
5.
The Development Officer, Bihar Industrial Area Development Authority, Udyog Bhawan, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gaurav Govind, Advocate For the BIADA :
Ms. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-11-2022 Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):-
Patna High Court CWJC No.11361 of 2022 dt.10-11-2022 2/3 "(i) For issuance of a writ in the nature of Certiorari quashing the letter no. 2843/D dated 01.07.2022 issued upon the order of Joint Managing Director, BIADA dated 28.06.2022 and issued under the signature of the Deputy General Manager, BIADA, Patna by which allotment of the plot of the petitioners has been cancelled.
(ii) For issuance of a writ in the nature of Mandamus commanding the respondents to act upon the application submitted by the petitioner for diversification of product..
(iii) For issuance of any other writ / writs / order / orders or direction to which the petitioner may be found entitled to in the facts and circumstances of the case."
On account of intervening developments, the area allotted to the petitioners stands reduced. As such, they cannot carry out the activity for which initial allotment was made. However, it is stated that in terms of the current industrial policy, petitioners can apply for change of user. As and when such application is received, with the respondents taking a decision thereupon and the petitioners agreeing to the same, they shall file an undertaking on the usual format with BIADA.
Patna High Court CWJC No.11361 of 2022 dt.10-11-2022 3/3 Petition stands disposed of with the aforesaid terms.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) Bibhash/SujitAFR/NAFR CAV DATE Uploading Date 14.11.2022 Transmission Date