Disposed

The Bihar Industrial Area Development Authority and Ors. v. The State Of Bihar and Ors.

Patna HC24 Aug 2016L.P.A/588/2014

Case brief

AI extract

What is this about?

Court allowed condonation of delay for an interlocutory application. Subsequently, two Letters Patent Appeals challenging a Writ Jurisdiction order allowing eviction were disposed of in the same terms as a previous analogous case, without substantive adjudication.

What did the court decide?

Delay of 124 days condoned; both Letters Patent Appeals disposed of in same terms as previous analogous case.

The Bihar Industrial Area Development Authority and… — Service and Employment | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.568 of 2014 Arising out of

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Civil Writ Jurisdiction Case No. 7294 of 2010

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===========================================================

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The Bihar Industrial Area Development Authority- through its Managing Director, Udyog Bhawan, East to Gandhi Maidan, P.S. Gandhi Maidan, District and Town Patna

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The Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East to Gandhi Maidan, P.S. Gandhi Maidan, District and Town Patna 3. The Executive Director, Bihar Industrial Area Development Authority, Regional Office, Darbhanga

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.... .... Appellant/s

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Versus

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The State of Bihar-through the Industrial Development Commissioner, Government of Bihar, Patna

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The Industrial Development Commissioner, Government of Bihar, Patna 3. M/S R.C. Gupta & Co., Industrial Area, Pandaul, P.S. Pandaul, District Madhubani-through its Proprietor Kailash Sah, Son Of Late Hajari Sah, Resident Of Pandaul Bazar, P.S. Pandaul, District Madhubani

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.... .... Respondent/s

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with

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=========================================================== Letters Patent Appeal No. 588 of 2014 Along with Interlocutory Application No. 2933 of 2014 Arising out of Civil Writ Jurisdiction Case No. 7554 of 2010

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===========================================================

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The Bihar Industrial Area Development Authority-through its Managing Director, Udyog Bhawan, East to Gandhi Maidan, P.S. Gandhi Maidan, District and Town Patna

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The Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East to Gandhi Maidan, P.S. Gandhi Maidan, District and Town Patna 3. The Executive Director, Bihar Industrial Area Development Authority, Regional Office, Darbhanga

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.... .... Appellant/s

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Versus

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The State of Bihar-through the Industrial Development Commissioner, Government Of Bihar, Patna

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The Industrial Development Commissioner, Government of Bihar, Patna

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M/S Ahmad Industries, Industrial Area, Pandaul, P.S. Pandaul, District Madhubani-through its Partner Gani Ahmad, Son Of Md. Ushman Resident Of Village Bhawanipur, P.S. Pandaul, District Madhubani

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.... .... Respondent/s

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===========================================================

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Patna High Court LPA No.568 of 2014 dt.24-08-2016

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2/3

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Appearance :

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(In LPA No.568 of 2014)

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For the Appellant/s : Mr. Rajeev Ranjan Prasad, Advocate.

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For the Respondent/s : Mr. V. R. P. Singh, Advocate.

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(In LPA No.588 of 2014)

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For the Appellant/s : Mr. Rajeev Ranjan Prasad, Advocate.

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For the Respondent/s : Mr. Md. Irshad, AC to SC-1.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 24-08-2016

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Re.: Interlocutory Application No. 2933 of 2014 in Letters Patent Appeal No. 588 of 2014.

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The application is for condonation of delay of 124 days

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in filing of the appeal.

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For the reasons mentioned in the application, we find

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that sufficient cause is made out for condonation of delay. Consequently, the delay of 124 days in filing of the appeal is condoned.

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Interlocutory Application stands disposed off.

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Re.: Letters Patent Appeal No. 568 of 2014 and Letters Patent Appeal No. 588 of 2014

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The challenge in both the Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 27.08.2013 allowing the writ applications filed by the respondents on the basis of

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Patna High Court LPA No.568 of 2014 dt.24-08-2016

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3/3

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Single Bench judgment of this Court in the case of Deepak Paints & Ors. V. The State of Bihar & Ors. reported as 2008(2) PLJR 293.

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Learned counsel for the appellants points out that the judgment of the learned Single Bench has been modified in L.P.A. No. 353 of 2008 (Bihar Industrial Area Development Authority & Ors. Vs. Deepak Paints Pvt. Ltd. & Ors.) and other analogous cases on 18.03.2015. The order of cancellation of lease was set aside but time was granted to establish the industry etc.

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Learned counsel for the parties agree that the issues raised in the present Letters Patent Appeal are covered by the judgment of this Court in Bihar Industrial Area Development Authority’s case (Supra).

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In view thereof, both the Letters Patent Appeals are disposed off in the same term as Bihar Industrial Area Development Authority’s case.

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(Hemant Gupta, J)

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(Ahsanuddin Amanullah, J)

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P. Kumar/ Anjani

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The Bihar Industrial Area Development Authority and Ors. v. The State Of Bihar and Ors.

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The Bihar Industrial Area Development Authority and Ors. v. The State Of Bihar and Ors.

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