Shabbo Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13320 of 2007 ====================================================== Shabbo Khatoon, wife of Sri Suresh Raut, resident of Bhola M.P.Chowk, P.S.-Bettiah, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Industry Development, Government of Bihar, Patna.

2. Managing Director, North Bihar Industrial Area Development Authority, Muzaffarpur.

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

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr. Advocate.

Mr. D.N.Tiwari, Advocate.

Mr. Sanjiv Sharan, Advocate.

For the Respondent/s :

Mr. Lalit Kishore, P.A.A.G.

Mr. Piyush Lall, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 23-01-2015 Having heard learned counsel for the parties, this Court is satisfied that the impugned order in this writ application, having been passed by the Managing Director of the Bihar Industrial Area Development Authority (BIADA) in exercise of its power under Section 6(2)(a) of the Bihar Industrial Area Development Authority Act, 1974 read with Rule 3(i) of the Bihar Industrial Area Development Authority Rules, 1981, is capable of being assailed in an appeal as provided under Section 6(2)(a) of the Act itself.

2. When such an observation has been made, Mr. N.K. Agrawal, learned senior counsel appearing on behalf of the

Patna High Court CWJC No.13320 of 2007 (7) dt.23-01-2015 2/2 petitioner, seeks permission to withdraw this case in order to enable that petitioner to file an appeal before the State Government within a period of two weeks from today.

3. This writ application is accordingly, permitted to be withdrawn with the aforementioned liberty with a further observation that if the petitioner files such appeal within a period of two weeks, the appellate authority, keeping in view that this writ application had remained pending since 06.10.2007, would proceed to decide the appeal of the petitioner on merit instead of non-suiting her on the ground of delay/limitation, if any.

4. It goes without saying that when this writ application has been withdrawn, the interim order passed earlier shall automatically stand vacated.

(Mihir Kumar Jha, J) Sujit/- U