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2008 Supreme(Pat) 505

AJAY KUMAR TRIPATHI
Deepak Paints (P) Ltd. – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Purported exercise of power by the Managing Director of Bihar Industrial Area Development Authority (hereinafter to be referred to as BIADA under a State Legislation, namely, The Bihar Industrial Area Development Authority Act, 1974 and the Rules thereunder by virtue of which he has embarked upon an exercise of large scale cancellation of lease and repossession, if not creating third party rights by auctioning the properties to the highest bidders have driven hundreds of petitioners before this Court seeking protection under Article 226 of. the Constitution of India. The battle lines between the petitioners on the one side and the respondent BIADA on the other has been drawn up based on their respective understanding of law. There are some basic issues which require determination in these writ applications. The Court, therefore, decided that instead of taking up every writ application individually it would like to test the legal provisions from where the so called power is being derived by the Managing Director.

2. The matters came to be heard on different dates. Learned counsel for BIADA at the outset submits that these writ applications are not maintainable in the firs





















































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