M/S Preeti Products And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12073 of 2016 ====================================================== M/s Preeti Products, Registered office Industrial Area, Fatuha through heirs of its proprietor Late Ram Das Sah (i) Smt. Kaushalya Devi (Wife) (ii) Vinod Kumar (Son) (iii) Pramod Kumar (Son) (iv) Subodh Kumar (Son) (v) Smt. Kanti Devi (Daughter) (vi) Smt. Kamla Devi (Daughter) All Resident of Imli Tal, Daldali Road, Bakerganj, Patna-800004. ... ... Petitioner/s

Versus

1. The State of Bihar through its Secretary, Department of Industries, Government of Bihar, Patna.

2. The Industrial Development Commissioner, Government of Bihar, New Secretariat, Patna.

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

4. The Managing Director, Bihar Industrial Area Development Authority, Indira Bhawan, Patna.

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 01-09-2022 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):- "That this is an application on behalf of petitioner for issuance of writ(s)/order(s)/direction(s) quashing Annexure-3 by which the respondent no. 4 has passed an order of cancellation dated 04.07.2007 of the Industrial Plot No. C14P and C15P, IInd phase Industrial Area, Fatuha; and further for issuance of other appropriate writ/order/direction for quashing

2/4 Annexure-5 by which the statutory appeal filed by the petitioner against the order of cancellation has been rejected by the respondent no. 2 vide order dated 06.09.2007; and for issuance of appropriate writ/order/direction which the petitioner in the fact of this case is found entitled to."

Pursuant to our previous order, petitioners have given an undertaking by way of filing a supplementary affidavit. Relevant paragraphs whereof are reproduced as under:-

3/4 Learned counsel for the BIADA states that petition can be disposed of in terms of the undertaking so furnished. The undertaking is accepted and taken on record. Consequence of breach thereof, including initiation of proceedings for contempt having violated the undertaking furnished before this Court stands explained to the petitioner

4/4 through the learned counsel.

As such, petition is disposed of in the following terms:- (a) Undertaking of the petitioner dated 01.09.2022 (reproduced supra) is accepted and taken on record.

(b) Petitioner has been made aware of the consequences of breach thereof, including initiation of proceedings for contempt;

(c) In the event of default of the undertaking, petitioner shall hand over vacant and peaceful possession of the allotted property to BIADA, to approach this Court, should the petitioner fail to abide by the undertaking furnished before this Court.

(e) Order dated 04.07.2007 passed by respondent no. 4 namely, The Managing Director, Bihar Industrial Area Development Authority, Indira Bhawan, Patna and order dated 06.09.2007 passed by respondent no. 2 namely The Industrial Development Commissioner, Government of Bihar, New Secretariate, Patna are hereby quashed and set aside. Petition stands disposed of in the aforesaid terms. Interlocutory Application (s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date