M/S Bihar Alumunium And Processing Works, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18563 of 2019 ====================================================== M/s Bihar Alumunium and Processing Works, Industrial Area, Fatwah, DistPatna, through its proprietor Shashi Bhushan Prasad (Male) aged about 45 Years, Resident of Village- Saidpur, P.O.- Dumri, P.S.- Fatwah, Dist.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Industry Department Govt. of Bihar, Patna.

2.

The Managing Director, B.I.A.D.A., Udhyog Bhawan, East Gandhi Maidan, Patna.

3.

The Development Officer, Bihar Industrial Area Development Authority, Udyog Bhawan, Gandhi Maidan, Patna.

4.

The Executive Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna.

5.

The Chairman/Managing Director, Bihar State Financial Corporation. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Abbas Haider (SC 6) For BIADA Mrs. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02-01-2023 Petitioner has prayed for the following relief(s):- "(A) A writ in the nature of mandamas commanding the respondent no.2 to allot the petitioner shade no. A/6 in BIADA, Fatwah for operating and manufacturing the aluminum products.

(B) For any other appropriate writ/writs, order/orders, direction/directions which may be fit in the facts and circumstances of the case."

Patna High Court CWJC No.18563 of 2019(4) dt.02-01-2023 2/2 On 14.12.2022, we had passed the following order: "Mrs. Binita Singh, learned counsel for the BIADA states that the petitioner had only purchased the plant and machinery and not the land. Now, the land stands allotted to third party and the unit is fully functional and operational. However, the plant and machinery auction sold in favour of the petitioner stands removed and kept safely in the premises of BIADA. For some reason, petitioner has not come forward to either remove the machinery or take possession thereof from BIADA.

Despite repeated calls, none has entered appearance on behalf of the petitioner. However, in the interest of justice, matter is adjourned.

List this case on 21st of December, 2022, in the category of "Order Matters"."

Even today, despite repeated calls, none has entered appearance on behalf of the petitioner.

Petition is dismissed for default.

(Sanjay Karol, CJ) ( Partha Sarthy, J) DKS/- U