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SANJAY KAROL, PARTHA SARTHY
Jagdamba Industries a proprietorship firm – Appellant
Versus
Bihar Industrial Area Development Authority (BIADA) – Respondent
JUDGMENT :
1. Heard learned counsel for the parties.
2. Petitioner has prayed for the following relief(s):-
B. For issuing a writ in the nature of certiorari or any other appropriate writ quashing the office order bearing Memo no 1076 dated 28.06.2022 (Annexure P/2) passed by the Respondent No. 4, whereby and whereunder allotment made to the Petitioner, of land admeasuring 4000 sq feet of land in Industrial Area, Barauni allotted to the Petitioner in the Year 07.02.2009 and 447/ dated 26.02.2008, has been cancelled.
C. For issuing a writ of mandamus or any other appropriate writ directing the Respondents to restore the possession/allow the Petitioner to continue to work and run the unit on the allotted land.
D. For issuing appropriate order (s) staying all further proceedings and consequential actions pursuant to the Appellat
Acceptance of petitioner's undertaking and consequences of breach as a basis for quashing orders.
Compliance with undertaking and consequences of breaching it are crucial in the disposal of the petition.
Failure to utilize allocated industrial land justifies its cancellation under statutory provisions.
The court established that under the Bihar Industries Commercial Policy, 2016, authorities must consider unavoidable circumstances affecting compliance with allotment conditions and allow for opportu....
The court upheld the cancellation of land allotment due to the petitioner's non-utilization for over twenty years, reinforcing authority's jurisdiction under the BIADA Act, 1974 and its amendments.
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