M/S Gajendra Hume Pipe v. The Bihar Industrial Area Development Authority (Biada)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13652 of 2024 ====================================================== M/s Gajendra Hume Pipe through its Proprietor, Nimit Akhouri, GenderMale, aged about - 50 Years, S/o - Late Akhouri Jaideo Narayan Sinha, R/o Gajendra Puri, Garden of God School, Golamber Buxar, Bihar, 802101. ... ... Petitioner/s

Versus

1.

The Bihar Industrial Area Development Authority (BIADA) Udyog Bhawan, Gandhi Maidan, Patna through its Managing Director, 1st Floor, Udyog Bhawan, Gandhi Maidan, Patna.

2.

The Chairman Cum Managing Director, Bihar Industrial Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna. 3.

The Joint Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, Gandhi Maidan, Patna (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.

4.

The Executive Director, South, Bihar Industrial Area Development Authority (BIADA), Patna Udyog Bhawan, Gandhi Maidan, Patna. 5.

The Deputy General Manager, Bihta Cluster, Bihar Industrial Area Development Authority (BIADA).

6.

The Area Incharge, Bihar Industrial Area Development Authority (BIADA) Industrial Area- Buxar.

7.

The Assistant Area Manager, Bihar Industrial Area Development Authority (BIADA) Industrial Area- Buxar.

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

For the Petitioner/s :

Mr.Aman Raj, Adv.

Mr. Sachin Kumar, Adv.

For the BIADA :

Mr. Prashant Pratap, Adv.

Mr. Shadwal Harsh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 25-09-2024 Heard the parties.

2. The present writ petition is filed for the following relief(s):- "(i) For directing the Respondent BIADA, from not illegally, arbitrarily take over the possession of the Plot in question and desist from creating any Third- Party

2/4 rights, on Plot No. F INS, admeasuring 42041 Sq.Ft., at Industrial Area- Buxar, despite of the fact that statutory Appeal bearing Appeal No. 130/2024 is sub-judice for consideration before the Appellate Authority, which is sans jurisdiction and dehors the provisions of BIADA Act, 1974, as despite of pendency of statutory Petitioner, other coterminous and similarly situated units are not repossessed, industrial activity are stalled and are not exhibited on vacant list, advertisement for fresh allotment was not sought. However, maliciously, capriciously, the same is illegally being repossessed with an intention of creating third party rights are maliciously created to defeat the due process of law.

(ii) For directing the Respondents for allowing the Industrial activity on the Plot No. FINS, admeasuring 42041 Sq.Ft., at Industrial Area- Buxar, which has been maliciously, arbitrarily, capriciously being taken over, despite of the fact that statutory Petitioner is sub-judice for consideration before the Appellate Authority and Petitioner may be allowed to continue the industrial activity.

(iii) To hold and declare that the action of Respondent BIADA is incomplete contravention and in teeth of BIADA Land Resumption Policy 2023, affidavit and submitted before this Hon'ble Court in CWJC No. 5396 of 2023 Kundan Kumar v/s The State of Bihar and Others., whereby it has been manifestly stated that during pendency of Petitioner, the physical possession is not to be resumed. However, presently the unit of the Petitioner is being

3/4 resumed without any basis.

(iv) For directing the Respondents forthwith not to take any coercive steps against the allotment of Petitioner till disposal of this Writ Application.

(v) For any other relief or reliefs for which the Petitioner be found entitled in the eye of law."

3. Without going into the merits or demerits of the case, having regard to the facts that an appeal is pending before the authorities concerned and the respondents have taken possession of the subject property pending the decision of the appeal court, the present writ petition is disposed of directing the Respondent No. 2, i.e, the Chairman Cum Managing Director, to decide the appeal on merits duly taking into consideration the grounds of appeal raised by the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order.

4. It is needless to mention that before passing any order the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the parties. Pending the appeal, the respondents-authority are directed not to create any third party interest. If the petitioner is so advised, he can file an application seeking re-possession of the subject property. On

4/4 such application being filed, the same shall be considered on its own merits.

5. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U