M/S Hina Enterprises v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10217 of 2013 ======================================================

1. M/S Hina Enterprises Through Its Proprietor -- Sri Azaz Ahmad S/O - Baharul Hoda At Konbalia, P.O. - Baghi, Via - Hari Nagar, District - West Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar through Chief Secretary Bihar, Patna

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

3. The Area Incharge Industrial Estate, Ramnagar, Bihar Industrial Development Authority, Regional Office, Bela, Muzaffarpur

4. The Bihar State Industrial Area Development Authority R.K. Ashram Muzaffarpur

5. The Director Bihar Industrial Development Authority, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vishwajeet Kumar Mishra, Advocate For the BIADA : Mr. Kumar Priya Ranjan, Advocate For the State : Mr. Anis Akhtar, AC to GA 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-02-2016 Heard Mr. Vishwajeet Kumar Mishra, learned counsel for the petitioner, Mr. Kumar Priya Ranjan, learned counsel for the Bihar Industrial Area Development Authority (for short BIADA), as well as the State.

The petitioner asserts that in the year 2007 he was allotted plot/ land within Ramnagar Industrial Area by the respondent- BIADA for setting up of small scale industry. Certain amount was also deposited by the petitioner but the plot/ land was never measured and possession of the same was also not given to him, therefore, he could not set up the industry. The subsequent dues of the BIADA were also not paid. The writ petitioner prays for direction upon the respondents to provide the details of dues

Patna High Court CWJC No.10217 of 2013 (2) dt.12-02-2016 2/2 etc. enabling him to pay the same.

Learned counsel for the BIADA conversely states that there is nothing on the record placed by the petitioner that any lease deed was executed and registered between both the parties and possession of the plot/ land was given to the petitioner on 02.11.2007.Since the petitioner failed to set up industry and also failed to deposit the dues of the BIADA, the allotment was cancelled. He also submits that in such matters, where there is cancellation of allotment of plot/ land, an appeal can be filed before the Appellate Authority under section 6 (2) (a) of the Bihar Industrial Area Development Authority Act, 1974. Without opining any view on the respective rival contentions of the parties, in my view, the writ petition deserves to be disposed of permitting the petitioner to approach the Appellate Authority/ forum for ventilation of his grievance, as raised in this writ petition. If any such application is filed, it is expected that the Appellate Authority/ forum shall examine and dispose of the same, in accordance with law, expeditiously. (Kishore Kumar Mandal, J) BKS/- U