M/S Ujjawal Chemicals Private Limited, M/S Ujjwal Chemicals Pvt. Ltd. v. Bihar Industrial Area Development Authority

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12034 of 2022 ====================================================== 1.

M/s Ujjawal Chemicals Private Limited, M/S Ujjwal Chemicals Pvt. Ltd. a Company registered Under the Companys Act having its registered Office at Village Chandauli, PO and PS Ujiyarpur, District-Samastipur through its authorized Signatory Gautam Kumar (Male) aged about 40 Years S/o Hare Ram Choudhary, Resident of Village Chandauli, PO and PS Ujiyarpur, District-Samastipur.

2.

M/s Shama Industries, a Proprietorship Concern having its Office at VillageSadatpur, Post-Kolhua Paigambaspur, P.S.-Kathi, District-Muzaffarpur through its Proprietor, Shahjad Hashmi (Male), Son of Noorudin Hashmi aged about 32 Years,Resident of Village-Sadatpur, Post-Kolhua Paigambaspur, P.S.-Kathi, District-Muzaffarpur. 3.

M/s Vindhvasini Industries, a Partnership firm, having its Office at Plot No. 15(P), 17(P), Harpur Aloth, Industrial Area, Samastipur through its Partner Ravi Dwitiya, (Male) aged about 43 Years, Son of Parshuram Singh Resident of Ward No.4, Amirganj P.S.-District-Samastipur. ... ... Petitioner/s

Versus

1.

Bihar Industrial Area Development Authority (BIADA), Patna, Bihar through its Chairman 2.

Chairman, Bihar Industrial Area Development Authority (BIADA),-CumPrincipal Secretary, Department of Industries, Patna, Bihar 3.

The Managing Director, Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.

4.

The Executive Director, Bihar Industrial Area Development Authority (BIADA), Darbhanga, Bihar.

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

For the Petitioner/s :

Mr.Brisketu Sharan Pandey, Adv Mr. Abhishek Kumar, Adv For the Respondent/s :

Mr.Devesh Shankaran, Adv Mr. Pankaj Kumar Sinha, Adv ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 12-09-2022 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

2/6

3/6 On 01.09.2022, we had passed the following order:- "Learned counsel for BIADA states that as on date no 3rd party right stands created.

Statement accepted and taken on record.

As agreed, petitioner will file an undertaking to this Court to the effect that (a) within 60 days, petitioner will start commercial production in the Unit, should the respondents hand over possession of the premises to the petitioner/recall the order of cancellation, failing which petitioner shall give vacant and peaceful possession of the premises to BIADA; (b) within six months, petitioner shall make the Unit fully operational and functional in terms of the product sanctioned and allowed to be manufactured as per the original terms of allotment; (c) petitioner shall clear all the dues payable to BIADA as on date; (d) petitioner shall make itself compliant with all the statutory requirements, including the ones protecting interest of the employees; (e) in the event of failure on the part of the petitioner to comply with the undertaking, petitioner shall hand over the vacant and peaceful possession of the premises to BIADA with liberty for further allotment to 3rd party, when petitioner shall lose all rights therein and (f) petitioner shall be liable for initiation of proceedings for contempt for having violated the undertaking furnished to the Court.

Petitioner is ready and willing to furnish such an undertaking within next seven working days, failing which the petition shall stand dismissed for default. Copy of the undertaking be supplied to learned counsel for the respondents.

However, BIADA has to recall the orders passed cancelling the allotment of the premises. Let BIADA take a call on the offer made by the petitioner.

We are sure that the respondent BIADA would take a decision in the affirmative, which, in our considered view, would be in public interest as also in the interest of

4/6 the State to generate economic growth as also provide employment to the people.

List on 12.09.2022 so as to enable learned counsel for the petitioner to file an undertaking on affidavit to the aforesaid effect."

Petitioners have filed an undertaking being part of supplementary affidavit dated 08.09.2022 in the following terms:-

5/6 In view of the aforesaid, petitioners undertaking is accepted and taken on record.

BIADA has no objection to the order being passed, as is so being passed in similarly situated cases to augment the industrial growth within the State of Bihar.

Petitioner's undertaking that he would revive the unit

6/6 within six months and make it fully operational and functional, is accepted and taken on record.

Consequence of breach thereof stands explained through the learned counsel.

This Court would not hesitate to not only initiate proceedings of contempt for violating such an undertaking, but also direct the BIADA to take over the possession of the property for allotment to a third party in accordance with law. Present petition stands disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA