M/S Jupiter Electricals Lighting, v. The Bihar State Industrial Area Development Authority

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14200 of 2022 ====================================================== M/s Jupiter Electricals Lighting, at. 11/1, Industrial Estate, Patna a Proprietorship concern through its proprietor Mr. Nisheeth Jaiswal S/o Late Deo Dutt Prasad Jaiswal, age about 66 years, male, R/o Ground Floor 1/117, road No.1 New Patliputra, Patna, Bihar- 800013 ... ... Petitioner/s

Versus

1.

The Bihar State Industrial Area Development Authority through Managing Director, Udyog Bhawan, Gandhi Maidan, Patna. 2.

The Dy. General Manager, Patna Cluster, BIADA, Udyog Bhawan, East Gandhi Maidan, Patna- 800001.

3.

Executive Director, BIADA, Udyog Bhawan, Gandhi Maidan, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arbind Kumar Jha, Advocate For the Respondent/s :

Mr. Devesh Shankaran, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 22-11-2022 Petitioner has prayed for the following relief(s): "That the present writ petition is being filed for quashing the letter dt. 17.08.2022 issued by the Deputy General Manager, Patna Cluster by which order was passed under section 6(2)(a) of Bihar Industrial Area Development Authority Act, 1974 r/w Bihar Industrial Area Development Authority (Amendment) Act, 2017 cancelling the allotment of the land and forfeited the amount deposited by the petitioner. The order passed by the respondent no. 2 is without

2/4 jurisdiction and contrary to statutory provisions of section 6(2)(a) of the Bihar Industrial Area Development Authority Act, 1974 as amended upto date.

That the petitioner further seeks declaration that right to land is by virtue of registered lease deed executed between the parties and that being constitution right under Art. 300-A of the Constitution of India, petitioner can not be deprived of property save by authority of law. That the petitioner further seeks declaration that petitioner can not be dispossessed unless lease is determined in accordance with law.

That the petitioner further prays for issuance of any other writ/writs order/orders and direction/directions for which petitioner may be found entitled."

Pursuant to our previous order dated 30.09.2022, petitioner has now filed a supplementary affidavit furnishing the undertaking in the following terms:

"(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

3/4 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." Learned counsel for BIADA states that petition can 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 02.11.2022 (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;

4/4 (c) In the event of default of the undertaking, petitioner shall hand over vacant and peaceful possession of the allotted property to BIADA;

(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 17.08.2022 passed by respondent no.2, namely The Deputy General Manager, Patna Cluster, BIADA is quashed and set aside.

Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/-DKS AFR/NAFR CAV DATE Uploading Date 24.11.2022 Transmission Date