IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17496 of 2022

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M/s Jayswal Makhana Enterprises through its Proprietor Dilip Kumar

Jaysawal, aged about 42 years (Male), son of Late Sukhlal Jaiswa, Resident of

Village-Hard, Police Station-K. Hat, District-Purnea.

... ... Petitioner/s

Versus

1.

The Bihar Industrial Area Development Authority (BIADA) Udyog Bhawan,

Gandhi Maidan, Patna through its Chairman cum Managing Director.

2.

The Chairman cum Managing Director, Bihar Industrial Area Development

Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.

3.

The Joint Managing Director, Bihar Industrial Area Development Authority

(BIADA), Udyog Bhawan, Gandhi Maidan, Patna.

4.

The Executive Director, Bihar Industrial Area Development Authority

(BIADA), Udyog Bhawan, Gandhi Maidan, Patna.

5.

The DGM, Industrial Area, Purnea Cluster, Bihar Industrial Area

Development Authority (BIADA), Industrial Development Centre, Purnea.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Brisketu Sharan Pandey, Advocate

For the Respondent/s

:

M/s Lalit Kishore, Sr. Advocate

Piyush Lall, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 30-01-2023

Heard learned counsel for the parties.

Patna High Court CWJC No.17496 of 2022 dt.30-01-2023

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Petitioner has prayed for the following relief(s):-

“A. For issuing a writ in the nature of certiorari

or any other appropriate writ quashing the

Appellate Order dated 21.11.2022 (Annexure-

P/1) by the Respondent No.2 whereby and

whereunder the appeal preferred by the

petitioner bearing Appeal No. 219/2022 against

the Office Order bearing Memo no 39 dated

06.09.2022 passed by the Respondent No.5 has

been dismissed.

B. For issuing a writ in the nature of certiorari or

any other appropriate writ quashing the Office

Order bearing Memo No. 39 dated 06.09.2022

passed by Respondent No. 5 (DGM, Purnea

Cluster), Bihar, Patna on the order of

Respondent No. 3 (Joint Managing Director,

BIADA) whereby allotment of Plot No. 20,

admeasuring a total area of 0.5Acres allotted to

the petitioner. has been cancelled.

C. For issuing a writ of mandamus or any other

appropriate writ directing the Respondents to

restore the possession and 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 Appellate Order dated

21.11.2022(Annexure-P/1),

E. For passing such further or other order(s) as

this Hon'ble Court may deem fit and proper in

the circumstances of the case.

True/Photo Copies of the

Patna High Court CWJC No.17496 of 2022 dt.30-01-2023

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Impugned

Order

dated

21.11.2022 and order dated

06.09.2022 bearing Memo No

39 are annexed herewith and

marked as Annexure - P/1 and

P/2 respectively to this Writ

Application.”

By way of filing a supplementary affidavit dated

22.12.2022, petitioner has given undertaking in the following

terms:-

“3. That the petitioner herein undertakes as

follows in terms of (1) order dated 14.09.2022

passed in Series of connected/batch cases i.e.

CWJC No.6883/2020- Umesh Service Station

Vs. The State of Bihar and (2) in terms of recent

order dated 05.12.2022 in CWJC No.15895 of

2022 M/S Jankinandan Food Pvt. Ltd VS The

state of Bihar:-

a. That within 60 days, petitioner will start

commercial production in the Unit, should the

respondents hand over possession of the

premises to the petitioner/recall the order of

cancellation, failing which petitioner shall give

vacant and peaceful possession of the premises

to BI