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2023 Supreme(Online)(Pat) 10840

IN THE HIGH COURT OF JUDICATURE AT PATNA
Sanjeev Prakash Sharma, J
M/S Kaveri Liquors (P) Ltd. – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Satyabir Bharti, Advocate, Mrs. Sushmita Sharma, Advocate, Mr. Abhishek Anand, Advocate
For the Respondents:Mr. Subhash Pd. Singh, GA-3, Mr. Shiv Kumar, AC to GA-3, Mr. Lalit Kishore, Sr. Advocate, Ms. Binita Singh, Advocate, Mr. Shivendra Kr. Roy, Advocate

Table of Content
1. petitioner's land allotment faced cancellation due to litigation. (Para 2 , 3 , 4)
2. arguments regarding the nature of industry permitted under allotment. (Para 6 , 7 , 8)
3. interpretation of policy provisions allows diverse industrial establishments. (Para 9 , 10 , 11)
4. court's decision to permit the establishment of a hotel industry. (Para 12 , 13)

ORAL JUDGMENT

Date : 17-04-2023

Heard learned counsel for the parties.

2. This writ petition has been filed by the petitioner, being the auction purchaser of an industrial land, which was originally allotted by BIADA to one M/s Bombay Safe and Steel Works, who changed its name to M/s Jupiter Electrical Lamps. The land was originally allotted on 16.04.1971. The lease hold right was auctioned by the BIADA in RP Case No.53/2002 and the petitioner purchased the property, which was handed over to him on 11.12.2009. The BIADA, vide Memo No. 6815, dated 03.12.2014, allowed the land to be transferred in favour of the petitioner with certain conditions. In terms of the said conditions, the petitioner was required to start production within six months from the date of transfer of the land. The property in question fell into litig

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