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Patna High CourtCWJC/16964/2019dfd for non appearance

Savitri Devi v. The State Of Bihar

2023-01-03The Chief Justice -,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16964 of 2019 ====================================================== Savitri Devi Wife of Late Lakshami Narayan Choudhary Resident of VillageMadheli, P.O.- Jarlahi, P.S.- Barari, District- Katihar- 854104. ... ... Petitioner/s

Versus

1.

The State of Bihar represented through the Principal Secretary, Department of Industry, Government of Bihar, Vikas Bhawan, Bailey Road, Patna. 2.

The Additional Secretary, Department of Industry, Vikash Bhawan, Bailey Road, Patna.

3.

The Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna through its Managing Director. 4.

The Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, 1st Floor, East of Gandhi Maidan, Patna. 5.

The Executive Director, Bihar Industrial Area Development Authority, Udyog Bhawan, 1st Floor, East of Gandhi Maidan, Patna. 6.

The Assistant Development Officer, Bihar Industrial Area Development Authority, Regional Office, Bhagalpur (Patna). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Subhash Prasad Singh GA-3 For BIADA :

Mr. Kumar Priya Ranjan, Advocate Mr. Girish Nandan Abhishek, Advocate Mr. Vibhuti Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-01-2023 Petitioner has prayed for the following relief(s):- "(i) To quash the order dated 02.08.2013 contained under Memo No. 5609/D (AnnexureP/5) passed by the Managing Director, Bihar Industrial Area Development Authority (in short 'BIADA') whereby and whereunder the allotment of land in Industries Growth Centre,

Patna High Court CWJC No.16964 of 2019(4) dt.03-01-2023 2/3 Maranga, Bhagalpur for setting up of Ridid P.V.C. Pipe unit was cancelled as also security money deposited by the petitioner's deceased son was forfeited.

(ii) To quash the office order dated 21.02 2013 contained under Memo No. 164/D (AnnexureP/4), issued by the Executive Director, BIADA under the uncommunicated order dated 08 02.2013 of the Managing Director, whereby and whereunder, the allotment of additional land of 7000 sq ft. earlier granted in favour of the petitioner's deceased son was cancelled.

(iii)To direct for restoration of allotment in favour of this petitioner who is the unfortunate mother of the deceased entrepreneur, namely, Suman Kumar Sangam proprietor of M/s Shiv Shakti Poly Tube;

(iv) To any other relief or relief (s) which the petitioner may be found entitled to in the facts and circumstances of the case."

On 09.12.2022, we had passed the following order:- "Learned counsel for the respondents states that the present petition has become infructuous for the reason that the physical possession of the property was taken way back in the year 2014-2015. Since then the petitioner has not pursued the matter any further, save and except filing the present petition in the year 2019. We notice that on 06.12.2022, despite repeated calls, none had appeared.

Today, Shri Sanjay Kumar Singh, enters

Patna High Court CWJC No.16964 of 2019(4) dt.03-01-2023 3/3 appearance on behalf of the petitioner. On his request, we adjourn the matter by one week.

List on 22.12.2022.

We clarify that no further adjournment shall be granted".

Even today, despite repeated calls, none has entered appearance on behalf of the petitioner. However, learned counsel for the respondent is present.

As such, the present petition stands dismissed for default.

(Sanjay Karol, CJ) (Partha Sarthy, J) shiv/Sujit U