Dhananjay Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12661 of 2022 ====================================================== Dhananjay Kumar Sinha S/o - Indra Deo Prasad, Promoter of M/s Unique Plastic Products, Registered Office at Plot No. B- 23, Industrial Area, Buxar, Bihar, total area about 5,000 Sq. Ft. R/o - Bari Tola, Buxar, District - Buxar. ... ... Petitioner/s
Versus
1.
The State of Bihar through Industry Commissioner, Industry Department, Patna.
2.
The Secretary, Industry Department, Government of Bihar Patna. 3.
The Managing Director, the Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
4.
The Managing Director, The Bihar State Financial Cooperation, (BSFC), Frezer Road, Patna.
5.
The Joint Managing Director, Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
6.
The Executive Director, Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
7.
The DGM, Industrial Area, Patna Cluster, Bihar Industrial Area Development Authority (BIADA).
8.
The Assistant Regional Manager, Bihar Industrial Area Development Authority, Industrial Area, Buxar.
9.
The Area In-charge, Bihar Industrial Area Development Authority, Industrial Area, Buxar, P.S. - Buxar, (Industrial Area), District - Buxar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajiv Ranjan Kr. Pandey, Advocate For the Respondent/s :
Mr.Kinkar Kumar, SC 9 Ms. Deepika Sharma, AC to SC 9 For the BIADA :
Mr. Yashraj Bardhan, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 14-09-2022 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
2/7
3/7 On 02.09.2022, 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
4/7 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 the State to generate economic growth as also provide employment to the people.
List on 14.09.2022 so as to enable learned counsel for the petitioner to file an undertaking on affidavit to the aforesaid effect."
Pursuant to our order dated 02.09.2022, petitioner has filed an undertaking on affidavit in the following terms:
5/7 Learned counsel for the BIADA states that petition can
6/7 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 through the learned counsel.
As such, petition is disposed of in the following terms:- (a). Undertaking of the petitioner dated 08.09.2022 (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 within a period of two weeks; (d) Liberty reserved to BIADA, to approach this Court, should the petitioner fail to abide by the undertaking furnished before this Court.
(e) Order dated 01.08.2007 passed by respondent no.6, namely the Executive Director, Bihar Industrial Area Development Authority as well as order dated 08.08.2022
7/7 are quashed and set aside.
Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/- AFR/NAFR CAV DATE Uploading Date 15.09.2022 Transmission Date