Single judge Writ Petition filed by M/s. Data Alloys Ltd. seeking quashing of show cause notices regarding cancellation of lease allotment. Court disposed of petition noting final decision pending, without substantive interference.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2442 of 2020
M/s. Data Alloys Ltd., having registered office at Dhaiya, Nagnagar, P.O. Nagnagar, P.S. Dhanbad, District Dhanbad (Jharkhand) and Head Office at 8, Waterloo Street, 1st Floor, Kolkata-700069 (W.B.) through its Director, Jitendra Kumar Agarwalla, aged about 68 years, son of Late Banwari Lal Agarwalla, resident of 1, Chan Chani Colony, Dhaiya, P.O. Nagnagar, P.S. Dhanbad, District Dhanbad (Jharkhand)
..... … Petitioner
Versus
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR
-----For the Petitioner : Mr. Saurabh Shekhar, Advocate For the Respondent Nos.1 & 2 : Mr. P.C. Roy, S.C. (L&C)-I For the Respondent No.3 : Mr. C.G.A. Bardhan, Advocate For the Respondent No.4 : Mrs. Richa Sanchita, Advocate
05/20.01.2021 The present writ petition is taken up today through Video conferencing.
The present writ petition has been filed for quashing the entire proceeding initiated vide show cause notices as contained in letter No.1062 dated 28th July, 2014 issued by the Managing Director, Jharkhand Industrial Area Development Authority, Bokaro Region, BIADA Bhavan, Bokaro (Annexure-5 to the writ petition) and letter No.708 dated 26th October, 2019 issued by the Regional Director, Jharkhand Industrial Area Development Authority (JIADA), Bokaro (Annexure-7 to the writ petition), whereby the petitioner has been asked to reply the said show cause notices as to why the allotment of plots granted to it on 99 years lease vide letter No.3534/BIADA dated 2nd December, 1988 and subsequently vide amended letter nos.2046 dated 24th July, 1989 and 2590/BIADA dated 5th October, 1989 for area measuring 5.00 acres and 2.50 acres respectively to carry on the production activity/for industrial purpose, should not be cancelled.
The petitioner claims to be a small scale industry bearing registration no.030405593 having engaged in the production of equipments to be supplied to the Bokaro Steel Plant on the work orders
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issued by it.
Having heard learned counsel for the parties and keeping in view that the petitioner has put challenge to the show cause notices calling upon it to submit reply as to why the allotment of the concerned plots should not be cancelled, this Court is not inclined to interfere with the same at this stage, as according to the learned counsel for the petitioner, the final decision has not yet been taken pursuant to the show-cause notices issued by the Managing Director and Regional Director, JIADA, Bokaro Region, BIADA Bhavan, Bokaro.
Learned counsel for the petitioner has, however, shown his apprehension that even without passing the final order pursuant to the impugned show cause notices, the respondent no.4, may take steps to put the concerned plots to auction sale.
On this, Mrs. Richa Sanchita, learned counsel for the respondent no.4 submits that if the final order cancelling the allotment of the plots in question has not been passed by the respondent no.4, there is no question of putting the same to auction.
In view of the said submission made by the learned counsel for the respondent no.4, the apprehension of the learned counsel for the petitioner appears to be unfounded.
It is, however, observed that if no order pursuant to the impugned show cause notices has been passed, the appropriate authority shall provide due opportunity of hearing to the petitioner/its representative and pass an informed order.
The writ petition is disposed of with aforesaid observation.
(Rajesh Shankar, J.)
Rohit
M/s. Data Alloys Ltd.
The State of Jharkhand
The Secretary, Department of Industries, Govt. of Jharkhand
The Jharkhand Industrial Area Development Authority
The Regional Director, Jharkhand Industrial Area Development Authority, Bokaro
Rajesh Shankar
As recorded by the court registry
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