Writ petition challenging an order directing return of industrial plots. Court set aside order as unauthorized and violating natural justice, remanded for fresh process and ordered return of possession.
Set aside impugned order; remanded for fresh show cause notice and hearing; directed authorities to hand over possession within one week.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9270 of 2024
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M/s PVC Processor Plot No.- C21 and 22, Industrial Area, Hajipur (Vaishali)844102 through its Authorized Signatory Manoranjan Kumar, aged about 35 years (Male), son of Shambhu Prasad, resident of village- Parsauna, BlockParsa, District- Saran.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Akshansh Kumar Choudhary, Sr. Adv. Mr. Akshansh Ankit, Adv. For the Respondent/s : Mr. Standing Counsel (4) For the BIADA : Mr. Vagisha Pragya Vashnavi, Adv. For the State : Mr. Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT
Date : 25-10-2024
Heard the learned counsel for the parties.
relief(s):-
Patna High Court CWJC No.9270 of 2024 dt.25-10-2024
2/6
“a) To set aside Letter No. 533/D dated 03.05.2024 [ Annexure P9] issued by the Respondent No. 7 whereby and whereunder the Petitioner has been directed to return the Plot Nos. C- 21 and 22 within the Hajipur Industrial Area to the Respondent Bihar Industrial Area Development Authority (BIADA) as the same was passed wholly without jurisdiction and in utter violation of the principles of natural justice as well as the satutory provisions.
b) For a direction upon the Respondents to not to give effect to Letter No. 533/D dated 03.05.2024 [Annexure P9] issued by the Respondent No. 7 during the pendency of the instant writ application.
c) For a direction upon the Respondents to allow the Petitioner to carry on its business/ manufacturing on the allotted plot Plot Nos. C-21 and 22 in the Hajipur Industrial Area during the pendency of the instant writ application.”
Patna High Court CWJC No.9270 of 2024 dt.25-10-2024 3/6
Patna High Court CWJC No.9270 of 2024 dt.25-10-2024 4/6
that the Managing Director has been authorized by the authority to pass necessary orders and, therefore, the order impugned is valid. Further, learned counsel has stated that the copy of the inspection report could not be served on the petitioner as the unit was nonfunctional and closed, therefore, the same was pasted on the gate of the premises. Learned counsel has, therefore, prayed this Hon’ble Court to dismiss the present writ petition.
Patna High Court CWJC No.9270 of 2024 dt.25-10-2024 5/6
passing any orders are obligated to give reasons for passing the order. The authority simply cannot pass the order in a mechanical manner. Unless and until the reasons are given neither the Superior authority nor the courts will be in a position to know as to what has weighed with the authority while passing the order either accepting or rejecting the case of the petitioner. Further, the impugned order speaks of handing over the physical possession to the BIADA authorities without there being any order of cancellation. Even if it is a case of the respondent/ BIADA that the petitioner has violated the terms and conditions of the undertaking given by him to this Hon’ble Court in C.W.J.C. No. 17069 of 2022 (Annexure-1), the authorities are obligated to approach this Hon’ble Court seeking permission of this Court for taking over the possession or issue a fresh show cause notice to the petitioner calling for his explanation as to whey the allotment made to him should not be cancelled due to his failure to adhere to terms of the undertaking given to this Hon’ble Court, but in this case the same is missing.
Patna High Court CWJC No.9270 of 2024 dt.25-10-2024 6/6
him sufficient time. In case any Inspection report or any other material is relied by the authority, a copy of the same shall be furnished to the petitioner along with the show cause notice. After receipt of the explanation from the petitioner, the respondent authority shall pass an order giving the reasons. The entire exercise shall be completed as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of the copy of this order. It it needless to mention that the petitioner shall be granted an opportunity of hearing. Any order passed shall be communicated the petitioner.
(A. Abhishek Reddy , J)
Gauravkr/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 26.10.2024 |
| Transmission Date | N/A |
1 issue framed by the court
Whether the order directing petitioner to return allotted plots was passed by an unauthorized authority without following natural justice principles.
Colour shows how this judgement treated each authority
Deepak Paints (P) Ltd. v. State of Bihar & Ors.Referred¶27
Deepak Paints (P) Ltd. v. State of Bihar & Ors., 2008 (2) PLJR 292
M/s PVC Processor Plot No.- C21 and 22
State of Bihar
Principal Secretary, Department of Industries
Director of Industries
Bihar Industrial Area Development Authority
Managing Director, BIADA
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
