JUDGMENT :

1. Heard, learned counsel for the parties.

2. Learned counsel for the petitioner has submitted that petitioner has preferred the writ petition for quashing the order dated 29.03.2010, passed by Secretary, Industries, Government of Jharkhand passed in appeal affirming the order dated 04.07.2009, passed by Managing Director, Adityapur Industrial Area Development Authority, Adityapur, Jamshedpur contained in Memo No.1052/A.D.A. whereby the land allotment order Nos.10806 and 16699 dated 28.06.1968 and 15.09.1970 respectively (wrongly typed as 1980) have been cancelled and the security money has been confiscated.

3. Learned counsel for the petitioner has submitted that petitioner has filed the instant writ petition against order dated 04.07.2009, passed by the Managing Director, AIADA contained in Memo No.1052/A.D.A. whereby the land allotment order Nos.10806 and 16699 dated 28.06.1968 and 15.09.1970 respectively have been cancelled and security money has been confiscated and the said order has been affirmed by the Secretary, Industries vide order dated 29.03.2010 contained in Appeal No.07/2009-97/Ranchi dated 17.04.2010, on the ground that these impugned orders have been passed in violation of principle of natural justice, on extraneous ground and malice in the mind of the Managing Director as the petitioner has not appeared earlier in the proceeding on 26.06.2009 and 04.07.2009, as such, the impugned order may be set aside.

4. Learned counsel for the respondent-AIADA, Mr. C.A. Vardhan has opposed the prayer and submitted that detail counter-affidavit has been filed by AIADA on 27.08.2010 stating therein that on 28.06.1968 and 15.09.1970 Plot No.A-31, situated in Phase-1 was allotted to the partnership firm of M/s. Chhotalal G. Vyas & Sons having an area of 45,000 sq. ft. and 28,125 sq. ft. (total comes to area 73,125 sq. ft.), later changed in Bharat Engineering & Refractory Industries (as per order of respondent nos.2 & 3 vide letter no. 399 dated 31.01.1974). The firm consist of Chhotalal G. Vyas, Pramod Kumar Vyas, Gagan Vihari Vyas, Jamdagni Vyas and Harsh Kumar Vyas as partners. Subsequently on 23.12.1977 deed of dissolution of partnership was filed in which the name of one of the partner, Pramod Kuamr Vyas was removed with effect from 31.12.1976. Later on 31.03.1984, another deed of dissolution of partnership was filed in which name of another partner, Gagan Bihari Vyas was removed, again on 31.07.1986 by another deed of dissolution of partnership another partner, Jamdagni Vyas was removed and on 09.03.1990 another partner, Harsh Kumar Vyas was removed. It is further submitted that in the last deed from 01.04.1992, Sudarshan Mahto was taken as a partner of the firm but on 10.03.1993 the said partner, Sudarshan Mahto was removed.

5. The first partnership deed was approved by respondent nos.2 and 3 vide Letter No.397/ADA, dated 30.01.1974, but subsequent partnership deed was not approved by respondent as no prior permission was sought for change in the constitution of firm, which is clear violation of clause-i of land allotment order as well as lease deed of the unit.

6. The unit was closed for several years, the first show-cause notice was issued on 31.10.1998 vide letter No.1368, second show-cause notice was issued on 21.07.1999 vide Letter No.805 and last show-cause notice was issued on 23.10.1999 vide Letter No.1290. Further vide Letter No.508 dated 09.04.2001, a notice was issued for hearing in the matter, but situation did not change, later on 22.06.2009 vide Letter No.977/ADA was issued to the petitioner firm to be present on 26.06.2009 another notice was issued on 29.06.2009, vide Letter No.1022/ADA to be present on 04.07.2009 meaning thereby petitioner was not interested to run the unit and tried to sale the unit which itself is the violation of terms and conditions of land allotment order as well as lease deed, so respondent nos.2 and 3 cancelled the land allotment order issued in favour of petitioner's fi