This court dismissed a writ petition challenging the cancellation of a land allotment. The court held that since the matter was pending before the Appellate Authority, the writ court could not entertain the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3288 of 2017
=========================================================== M/s Radhe Forgings, Plot No. D/14, Patliputra Industrial Area, Patna-800013 through its Managar, Ramesh Choubey, Son of Late Bangali Choubey resident of Road No.2, Rajeev Nagar, P.S. Rajeev Nagar, District-patna.
.... .... Petitioner/s
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Sriram Krishna, Adv. For the State : Mr. Rakesh Ambastha, AC to AAG-07 For the BIADA : Mr. Girijesh Kumar, Adv.
===========================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 24-03-2017
Heard learned counsel for the petitioner and counsel for
the State.
In the present case, the petitioner has raised a grievance that he was allotted a plot of land bearing Plot No. D-14 at Patliputra Industrial Area where he was running the factory since long but, the BIADA has issued an advertisement for allotment of different plots including the plot which has been allotted to the petitioner. Having information that the petitioner has closed down the factory, the allotment has been cancelled by the Managing Director, B.I.A.D.A.
Patna High Court CWJC No.3288 of 2017 dt.24-03-2017
2
The petitioner being aggrieved by the cancellation of the allotment has filed an appeal before the Principal Secretary, Department of Industry cum Appellate Authority wherein the Authority, having heard the petitioner, has fixed the case for orders.
As the matter is before the appellate authority, fixed the case for order, in such circumstances, it will not be proper for the writ court to entertain this application.
Accordingly, this petition is dismissed.
However, the petitioner will be at liberty to challenge the order of the Appellate Authority if it goes against the petitioner.
(Shivaji Pandey, J)
Rishi/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 30.03.2017 Transmission Date
1 issue framed by the court
Whether the High Court can interfere via writ jurisdiction when the matter is pending before the Appellate Authority.
M/s Radhe Forgings
The State of Bihar
The Chairman of Bihar Industrial Area Development Authority
The Managing Director, Bihar Industrial Area Development Authority
The Executive Director, Bihar Industrial Area Development Authority
The Area-In-Charge, Industrial Area and Estate, Patliputra
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
