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2019 Supreme(Pat) 1826

RAJEEV RANJAN PRASAD
Santosh Kumar Jalan, S/o Late Badri Prasad Jalan – Appellant
Versus
State of Bihar through Principal Secretary, Department of Industries, Government of Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioners:Mr. N.K. Agrawal, Sr. Advocate, Mr.Saket Tiwary, Advocate, Mr. Saket Gupta, Advocatem Mr. Anuraj Singh, Advocate
For the BIADA :Mr. Prashant Pratap, Advocate

ORDER :

1. Heard learned Senior Counsel for the petitioner and learned counsel representing the respondents – Bihar Industrial Area Development Authority.

2. The petitioner, in this case, is aggrieved by and dissatisfied with the order dated 27.05.2019 passed by Additional Chief Secretary, Department of Industries, Government of Bihar in Appeal Case No. 35/2014 whereby the appeal preferred by the petitioner against the order cancelling the allotment of his industrial plot has been dismissed.

3. Mr. N.K. Agrawal, learned Senior Counsel representing the petitioner submits that it is a case of violation of principles of natural justice wherein the very cancellation order dated 19.05.2007 was not served upon the petitioner and further the Appellate Authority could not appreciate that the inquiries conducted by the Department during the pendency of the appeal cannot be taken to be a conclusive proof of fact that the unit in question is not functioning.

4. Mr. Prashant Pratap, learned counsel representing the Bihar Industrial Area Development Authority (in short the ‘BIADA’) submits that these are the matters of allotment of industrial plots and should be considered from a larger public inte

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