M/S Shri Vishnu Mini Rice Mill v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4139 of 2021 ====================================================== M/S Shri Vishnu Mini Rice Mill Industrial Area, Nawada Proprietor Sri Ravi Shankar Prasad (Male) Aged about 44 years, son of late Kameshwar Lal, Resident of Mohalla- Purani Bazar, Post Office and Police Station- Nawada, District- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Udhyg Vibhag, Department of Industries, Bihar, Patna 2.

The Deputy Secretary, Department of Industry, Bihar, Patna 3.

The Managing Director, Bihar Industrial Area Development Authority (BIADA), Patna, Bihar 4.

The Executive Director, BIADA, Patna, Bihar 5.

The Delopment Officer, BIADA, Patna, Bihar 6.

The Senior Account Officer, BIADA, Patna, Bihar 7.

The Regional-in-Charge, Industrial Area, Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Birendra Kumar, Advocate For the Respondent/s :

Mr. Subhas Pd. Singh, G.A. -3.

Mr. Devesh Shankaran, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) ======================================================= Date : 21-01-2022 Heard learned counsel for the parties.

2/6 Petitioner has prayed for the following relief(s):-

3/6 On 22nd of December, 2021, we had passed the following order:- "After the matter was heard for some time, we are of the considered view that it would be prudent, for ensuring industrial growth within the State of Bihar, to allow the industrial establishments, another opportunity for making their units fully functional, on certain terms and conditions.

As such, the parties jointly submit for passing of an order, on the following mutually agreeable terms:- (a) BIADA respondent No. 3, namely, Managing Director, Bihar Industrial Area Development Authority (BIADA), Patna, Bihar, shall deseal the premises i.e. plot no. C-1(5000) C-2 (5000) and B-3(P) (2500) and B-4(7500) sq. feet, total- 20,000 sq. feet forthwith;

(b) Petitioner undertakes to make the unit fully functional and operational within a period of three months thereafter;

(c) Petitioner undertakes to clear all pending dues in terms of the previous allotment, including the dues towards transfer fee for change of users/business; (d) 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 loose all rights therein;

(e) Also, petitioner shall be liable for initiation of proceedings for contempt for having

4/6 violated the undertaking furnished to the Court. List this case on 04.01.2022, in the category of "Order Matters" for the petitioner to file an undertaking, before which date we expect BIADA to deseal the premises."

Pursuant thereto, petitioner has filed an undertaking by way of supplementary affidavit dated 23.12.2021, inter alia, averring as under:-

5/6 Shri Devesh Shankaran, learned counsel for the BIADA has no objection to the writ application being disposed of in terms of the aforesaid undertaking.

The undertaking furnished by the petitioner is accepted and taken on record.

Also, through his counsel, petitioner has been made to understand the consequences of breach thereof. As such, we dispose of the present petition making the petitioner bound by the undertaking so furnished, and in the

6/6 event of default, liable for initiation of proceedings for contempt as also forfeiture of rights in relation to the property in question. Also, handing over the vacant and peaceful possession of the premises in question to BIADA within a period of one week, if the Unit is not made fully operational and functional, and the production commenced within a period of three months from today.

Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 24.01.2022 Transmission Date