Akash Feeds Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12413 of 2022 ====================================================== Akash Feeds Pvt. Ltd. through its Director Ajay Kumar Kushwaha, male, aged about 40 years, son of Nathuni Prasad Sinha, House No. 134, Pearl Villa, near naka no. 2, Hajipur Vaishali Business Address- Plot No.- D-6, Industrial Area, Hajipur, District- Vaishali (Hajipur).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Industries, Government of Bihar, Patna.

2.

Principal Secretary, Department of Industries, Bihar Industrial Area Development Authority, Udyog Bhawan, Gandhi Maidan, Patna, DistrictPatna. 3.

Chairman-cum- Managing Director, Bihar Industrial Area Development Authority, Bihar at Patna.

4.

Joint Managing Director, Department of Industries, Bihar Industrial Area Development Authority, Bihar at Patna.

5.

Deputy General Manager, Department of Industries, Bihar Industrial Area Development Authority, Bihar at Patna.

6.

The Executive Director, Department of Industries, Bihar Industrial Area Development Authority, Hajipur, District- Vaishali (Hajipur). 7.

Regional In-charge, Industrial Development, Centre, Hajipur, DistrictVaishali (Hajipur). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumeet Kumar Singh, Adv For the State :

Mr.Yogendra Prasad Sinha ( AAG 7 ) Mr. Rajeev Kumar Sinha, Ac to AAG-7 For the BIADA :

Mr. Pankaj Kumar Sinha, Adv Mr. Devesh Shankaran, 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.

Petitioner has prayed for the following relief(s):-

2/5 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.

As agreed, petitioner is ready and willing to furnish 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

3/5 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 one week, 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. List on 12th of September, 2022 so as to enable learned counsel for the petitioner to file an undertaking on affidavit to the aforesaid effect.

Learned counsel for the BIADA states that should the petitioner make an application for change of user, it would be considered in accordance with the industrial policy, provided the petitioner does not take any benefit in terms thereof.

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 the State to generate economic growth as also provide employment to the people."

4/5 Petitioner has filed an undertaking being part of 1st supplementary affidavit dated 01.09.2022 in the following terms:

5/5 In view of the aforesaid, petitioner's 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 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.

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