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A. ABHISHEK REDDY
PVC Processor, Plot No. -C21 and 22, Industrial Area, Hajipur (Vaishali) – Appellant
Versus
State of Bihar – Respondent
A. Abhishek Reddy, J.—Heard the learned counsel for the parties.
2. This writ petition has been filed for the following relief(s):—
“(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.”
3. Learned senior counsel Mr. Ashok Choudhary assisted by Mr. Akshansh Ankit appearing on behalf of the petitioner has stated that the impugned order passed by the respondents dated 03.05.2024 (Annex
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.
Compliance with undertaking and consequences of breaching it are crucial in the disposal of the petition.
Compliance with the provisions of Sub-section 2 of Section 6 of the Bihar Industrial Area Development Authority Act, 1974 is essential in the cancellation of plot allotments by the authority.
Failure to utilize allocated industrial land justifies its cancellation under statutory provisions.
Importance of providing an opportunity of hearing before issuing final orders.
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