Patna High CourtL.P.A/1454/2015allowed

M/S Maa Durga Enterprises v. The Bihar Industrial Area Development Authority And ORS

2017-12-01Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1454 of 2015 In Civil Writ Jurisdiction Case No.7058 of 2011 ====================================================== M/s Maa Durga Enterprises a proprietary Concern having its Cold storage Unit at Industrial Area, P.o. & P.s Pandaul, District Madhubani through its Manager, Rajesh Ratan Jyoti ,S/o Shri Shyaman Nand Roy, Resident of Kutchary Road, P.s and district Begusarai.

... ... Appellant/s

Versus

1. The Bihar Industrial Area Development Authority ,Udyog Bhavan, Gandhi maidan ,Patna through its Managing Director.

2. The District Consumer Disputes Redressal forum, Madhubani having its Office Situated at Civil Court Campus, Madhubani through its secretary.

3. Ajay kumar son of Sri Damaodar Mahto resident of Village Kolahi Po Hassanpur Road District Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Alok Kumar Agarwal Advocate Ms. Priya Gupta Advocate Ms. Vipula Advocate For the Respondent BIADA:

Mr. Lalit Kishore Advocate General Ms. Binita Singh Advocate For the Respondent No. 3:

Mr. Binod Bihari Sinha Advocate Mr. Ajay Dutt Mishra Advocate Mr. Amarjeet Choudhary Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 01-12-2017 Heard learned counsel for the Appellant, counsel for the BIADA and counsel appearing on behalf of Respondent No. 3. The issue raised in the present appeal is identical in nature

Patna High Court LPA No.1454 of 2015(3) dt.01-12-2017 2/2 to the issue, which has already been heard and decided in detail in L.P.A. No. 1459 of 2015 and other analogous cases, decided on 21.11.2017.

The Court has given a direction for the reasons indicated in the detailed order upon BIADA that they have to honour the order passed by the District Consumer Forum in favour of Respondent No. 3 within a period of three months from today. The rational and reasoning provided in the said order also cover the present case.

Appeal is allowed in terms of above.

(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) skm/- U