JUDGEMENT

(Per: HONOURABLE THE CHIEF JUSTICE) Date : 12-03-2024 The above writ petition and appeal is concerned with a plot of land bearing Plot No. B-20 and B-21 admeasuring 32670sq.ft./43560 sq.ft. within the industrial area, Hajipur. The land was acquired for the purpose of industrialization and is in the possession and ownership of the 4th respondent, the Bihar Industrial Area Development Authority, (for brevity, the ‘BIADA’). The allotment of the land, its mortgage and the eventual cancellation as also the further allotment and its cancellation are respectively challenged in the appeal and the writ petition. We first take up the appeal insofar as the same being first in point of time and also dealing with the first allotment made of the said land.

2. The appeal is filed by the BIADA from the order of the learned Single Judge in a writ petition filed by the State Bank of India, (for brevity, the ‘SBI’). The Bank had accepted mortgage of the land allotted by the BIADA to one M/S Vaishali Mineral Water Pvt. Ltd., the 3rd respondent in the writ petition. The Bank, based on allotment of a plot of land to the 3rd respondent, sanctioned a loan based on the leas