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2018 Supreme(Jhk) 434

D.N.PATEL, AMITAV K.GUPTA
Sardul Auto Works Pvt. Ltd. – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : M/s Rajiv Ranjan, Dhananjay Kr. Pathak, Sweta Rani, Saket Upadhyay, Akash Deep
For the Respondent: M/s Chandra Prabha, Mr. Rohit, M/s V.P. Singh, R.C.P. Sah & C.A. Bardhan, M/s Ritu Kumar, Nagmani Tiwari & Vikash Kumar, Ms. Neelam Tiwary

JUDGMENT :

D.N. Patel, J.

1. L.P.A. No. 487 of 2012 has been preferred by the Original Petitioner in W.P.(C) No. 1145 of 2011 whereas, L.P.A. No. 43 of 2013 has been preferred by the original petitioner in W.P.(C) No. 1408 of 2011, being aggrieved and feeling dissatisfied by the judgments and orders passed by the learned Single Judge in the respective writ petitions, both dated 14th August, 2012.

2. Factual Matrix

The land in question is narrated as Plot No. M-2, N.S.-I, Phase III, admeasuring 5 Acres, situated in Adityapur Industrial Area near the city of Jamshedpur.

The aforesaid area is being owned, managed and controlled by Adityapur Industrial Area Development Authority (Hereinafter to be referred to as ‘the AIADA’ for the sake of brevity).

The plotting of this area was done by the AIADA for allotment of the lands to the Industrial units, for manufacturing purposes.

The aforesaid plot was initially allotted to M/s Baynee Engineering Ltd. in the year 1996. Thus, lessor-the AIADA allotted the plot in question to M/s Baynee Engineering Ltd.- lessee, upon payment of certain rent and charges annually.

For any reason, whatsoever, M/s Baynee Engineering Ltd. became a defaulter and hence, all























































































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