Dismissed

M/s Sarvshree North India Mechinical Engineering Works v. The State Of Bihar and Ors.

Patna HC2 Feb 2015CWJC/243/2015

Case brief

AI extract

What is this about?

The court dismissed the writ petition seeking to quash an order directing the petitioner to hand over possession of an industrial unit. The court held that the lease was cancelled in 2007, a fact admitted by the petitioner, and that such delay precluded questioning the cancellation, rendering the impugned order a mere consequence.

What did the court decide?

The prayer for quashing of the letter asking for handover of possession was not granted.

M/s Sarvshree North India Mechinical… — Labour and Industrial Disputes | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.243 of 2015 With I.A. No.244 of 2015 With I.A. No.325 of 2015

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====================================================== M/s Sarvshree North India Mechinical Engineering Works through its Proprietor, Shivnandan Mahto, son of Late Rajeshwar Mahto, resident of village- Phulwaria, P.O. - Barauni, District- Begusarai.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Industries, New Secretariat, Patna.

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The Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, P.S. Gandhi Maidan, P.O. Bankipur, Patna through its Managing Director.

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

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The Area Officer, Industrial Area, Barauni, P.O.- Tilrath, P.S.- Barauni, District- Begusarai.

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Suresh Mishra For the Respondent/s : Mr. Arvind Ujjwal, SC-25 For the respondent-BIADA : Mr. Prashant Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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2 02-02-2015 Heard Mr. Suresh Mishra, learned counsel appearing on behalf of the petitioner, Mr. Prashant Pratap, learned counsel appearing for the Bihar Industrial Area Development Authority and Mr. Arvind Ujjwal, learned Standing Counsel No.25 for the State.

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The petitioner has prayed for quashing of the letter no.559 dated 30.6.2014 issued by the Area Officer, Industrial Area, Barauni whereby he has been asked to hand over the

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Patna High Court CWJC No.243 of 2015 (2) dt.02-02-2015

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physical possession of the Unit to the Authority.

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Perusal of the writ petition manifests that the lease of the petitioner with the Authority itself was cancelled and it is admitted by Mr. Mishra that the cancellation took place in 2007. It is also admitted that such cancellation was never questioned by the petitioner nor in my opinion, can be questioned after such delay and the order impugned in this writ petition is only a consequence thereof.

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For the reasons aforementioned, this Court is not persuaded to grant indulgence to the prayer made in the writ petition and as a consequence the writ petition is dismissed. The interlocutory application stands disposed of.

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(Jyoti Saran, J)

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SKPathak/-

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M/s Sarvshree North India Mechinical Engineering Works v. The State Of Bihar and Ors.

Case brief

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M/s Sarvshree North India Mechinical Engineering Works v. The State Of Bihar and Ors.

Case brief

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