Disposed¶22

M/S Deepak Paints Pvt. Ltd. v. State of Bihar

Patna HC19 Feb 2024CWJC/3127/2024

Case brief

AI extract

What is this about?

Deepak Paints Pvt. Ltd. v. State of Bihar & Ors.; Patna HC; CWJC No.3127 of 2024; dt. 19-02-2024; Anil Kumar Sinha, J.; BIADA plot allotment cancellation 03.01.2024; resumption of physical possession of Plots 16(P) and 17(P); letter dated 12.02.2024 by Assistant Area Manager; appeal pending before Industries Development Commissioner (IDC); impugned order kept in abeyance till appeal disposal; BIADA Land Allotment Policy, 2022; interim relief in writ.

What did the court decide?

Impugned letter/order dated 12.02.2024 kept in abeyance till the disposal of the appeal pending before the Industries Development Commissioner (I.D.C.). ¶22

M/S Deepak Paints Pvt. Ltd. Vs State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned letter/order dated 12.02.2024 kept in abeyance till the disposal of the appeal pending before the Industries Development Commissioner (I.D.C.).

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Issue for consideration

Whether the letter dated 12.02.2024 issued by respondent no. 6 (Assistant Area Manager, Patliputra Industrial Area) directing the petitioner to ensure physical possession of Plot no. 16(P) and 17(P) within 07 days, failing which possession would be taken forcibly, should be quashed, while the appeal against cancellation of the allotment is pending before the IDC.

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Ratio / Principle

Having heard learned counsel and taking into consideration the BIADA Land Allotment Policy, 2022, the Single Judge directed that the impugned order dated 12.02.2024 shall be kept in abeyance till the disposal of the appeal pending before the Industries Development Commissioner, and disposed of the writ application on those terms.

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Detailed headnote1 paragraphs

M/S Deepak Paints Pvt. Ltd. v. State of Bihar & Ors. (BIADA) - Civil Writ Jurisdiction Case No.3127 of 2024, decided 19.02.2024 by Anil Kumar Sinha, J. The petitioner's industrial plots 16(P) and 17(P) (18500 sq.ft.), allotted in 1971 by the Patna Industrial Area Development Authority (now BIADA) on a 99-year lease for production of paints, varnish and allied products, had their allotment cancelled by BIADA on 03.01.2024; the petitioner's appeal against the cancellation was pending before the Industries Development Commissioner (I.D.C.). During the pendency of that appeal, respondent no. 6 (Assistant Area Manager) issued a letter dated 12.02.2024 directing the petitioner to ensure physical possession of the plots within 07 days, failing which possession would be taken forcibly with the help of administration. Holding the matter in light of the BIADA Land Allotment Policy, 2022, the Court kept the impugned order dated 12.02.2024 in abeyance till disposal of the appeal and disposed of the writ application on those terms.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3127 of 2024

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M/S Deepak Paints Pvt. Ltd. Industrial Area, Patliputra, through its Managing Director Balraj Kapoor, aged about 77 years, Gender-Male, son of Late Pran Nath Kapoor, R/o 65 A.N. Path, P.S. Patliputra, District-Patna.

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... ... Petitioner/s

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Versus

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State of Bihar through the Additional Chief Secretary, Department of Industries, Government of Bihar.

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

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

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

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

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The Assistant Area Manager, Industrial Area, Patliputra.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Mrigank Mauli, Sr. Advocate : Mr. Ashutosh Kr. Singh, Advocate For the Respondent/s : Mr.Arvind Ujjwal (SC 4) For BIADA : Mr. Ajit Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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2 19-02-2024 1. Heard learned counsel for the parties concerned.

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The present writ application has been filed for quashing the letter dated 12.02.2024, issued by respondent no. 6 i.e. Assistant Area Manager, Patliputra Industrial Area, Patna, Bihar, by which the petitioner Unit has been directed to ensure physical possession of the land, appertaining to Plot no. 16(P) and 17(P) within a period of 07 days, failing which, the possession shall be taken forcibly with the help of

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Patna High Court CWJC No.3127 of 2024(2) dt.19-02-2024 2/2

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administration.

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The brief facts of the case are that a piece of land appertaining to Plot no. 16(P) and 17(P), having an area of 18500 sq.ft. was allotted to the petitioner in the year 1971 by the Patna Industrial Area Development Authority (now BIADA) for a lease of 99 years for establishing industry for production of paints, varnish and allied products. The allotment was cancelled by the BIADA on 03.01.2024 and being aggrieved by the same, the petitioner has preferred appeal before Industries Development Commissioner (in short I.D.C.). During the pendency of the appeal, impugned letter has been issued by the BIADA for resumption of possession.

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Having heard learned counsel for the parties and taking into consideration the BIADA Land Allotment Policy, 2022, the impugned order dated 12.02.2024 shall be kept in abeyance till the disposal of the appeal

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The present writ application stands disposed off on the aforesaid terms.

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(Anil Kumar Sinha, J)

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rinkee/-

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M/S Deepak Paints Pvt. Ltd. v. State of Bihar

Case brief

What is this about?

What did the court decide?

M/S Deepak Paints Pvt. Ltd. v. State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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