Compliance with undertaking and consequences of breaching it are crucial in the disposal of the petition.

JUDGMENT :

SANJAY KAROL, J.

1. Heard learned counsel for the parties.

2. Petitioner has prayed for the following reliefs:

“1. That this writ application is directed against an office order dated 16-11-2019 passed by Executive Director, Bihar Industrial Area Development Authority, (referred to as BIADA herein after for the sake of brevity) issued vide memo no. 6731/D/CN-51004 dated 20-11-2019, by which petitioner's title over the industrial land measuring about 4560 sq. ft. appertaining to industrial plot no. H1(P) situated within industrial campus, Bihar Sharif at Nalanda in terms of section 6(2) (a) of BIADA Act 1974, as amended in the year 1991, for the reason that after purchase of the said land by the petitioner in an auction sale conducted by Bihar State Financial Corporation (referred to as BSFC herein after for the sake of brevity), the petitioner did not get the mutation of the plot executed in his name for quite long and therefore allotment and title of the said land stood cancel.

This writ application is also directed against an order dated 30-07-2021 passed by the Addl. Chief Secretary Department of Industries, Bihar, Patna in Appeal No. 27 of 2020 preferred by the petitioner for setting aside the above referred order dated 16-11-2019 issued vide memo no. 673l/D/CN-51004 dated 20-11-2019, but the petitioner's appeal was rejected by the impugned order dated 30-07-2021 in appeal no. 27 of 2020 and the order passed by the Executive Director has been upheld.

This writ application is also for issuance of appropriate writ or writs order or orders directing the respondents to restore the title of the leased out land in question measuring about 5,000 sq. ft. located within Industrial Area Campus, Bihar Sharif, at Nalanda, appertaining to plot no. H1(p), which was purchased by the petitioner in an auction sale conducted by BSFC on 05-08-1999.”

3. On 31st of January, 2022, we had passed the following order:

“Learned counsel for the petitioner, under instructions, states that, (a) if BIADA were to withdraw the order of cancellation of allotment, the petitioner would, within six months thereafter, commence commercial activity for which the plot stood allotted to the original allottee; (b) should the petitioner desire to change the activity, he shall file an appropriate application with the competent authority, BIADA, who should take the decision thereupon expeditiously; (c) petitioner is ready and willing to pay the entire outstanding dues so determined by BIADA.

Learned counsel for the BIADA states that as on date, a sum of Rs. 12 lacs (approx.) is due and payable by the petitioner. The petitioner has been dilly-dallying the issue of establishment of the industrial growth in terms of the plot allotted to him. However, if petitioner were to furnish an undertaking to the statement made, recorded supra, BIADA may consider and take a favourable decision thereupon.

We direct the petitioner to immediately approach the respondent No. 4 namely, the Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna-800004 on 07.02.2022 at 10:30 A.M. with a concrete offer furnishing an undertaking in terms of the statement made before this Court and a decision shall be taken by the authority before 14.02.2022.

Affidavit of compliance be filed on the terms of statements.

Should the party agree to have the matter settled amicably, petitioner shall file his undertaking to this Court.

List on 14.02.2022.”

4. Today, supplementary affidavit dated 11th of February, 2022 stands filed by the petitioner, inter-alia, making the following averments:

“2. That the petitioner is preferring this supplementary affidavit in accordance with an order dated 31.01.2022 passed in the present Writ Application by Division Bench of this Hon'ble Court.

3. That allotment of the industrial plot measuring about 5,000 sq. ft. in Bihar Sharif Industrial Area to the petitioner was cancelled on 20.11.2019 by the Managing Director, BIADA and such can