IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12732 of 2024 ======================================================

M/S. Natural Agro Products a Unit of M/S. NEFAA Tea Industries, having its address at Kharagpur Road, Ward No. 8, Tarapur, District-Munger, Bihar- 813221 through its Representative namely Mritunjay Kumar Singh, Male, aged about 49 Years, S/o-Ranveer Prasad Singh, R/o-Swarndih, Tarapur, Tarapur, Munger Bihar 813221.

... ... Petitioner/s Versus

1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Old Secretariat, Patna, Bihar.

2. The Additional Chief Secretary, Department of Industries, Govt. of Bihar, Vikas Bhawan, Patna, Bihar.

3. The Additional Chief Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Old Secretariat, Bailey Road, Patna, Bihar.

4. The Director Industries, Department of Industries, Govt. of Bihar, Vikas Bhawan, Patna, Bihar.

5. The District Magistrate, District-Munger, Bihar.

6. The District Land Acquisition Officer, District-Munger, Bihar.

7. The Sub Divisional Officer, Tarapur, District-Munger, Bihar.

8. The Circle Officer, Tarapur, District-Munger, Bihar.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Harsh Kaushal, Adv.

For the Respondent/s : Mr. Addl. Advocate General 4 ======================================================

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL JUDGMENT

Date : 12-05-2025 Heard the learned counsel for the parties.

The present writ petition has been filed for the following relief(s):-

“i. For the directing the Respondent Authorities to forthwith allow the Petitioner to establish his food processing industry, which is well within the priority sector as envisaged and contemplated under the extant and prevailing Policy i.e., Bihar Industrial Investment Promotion Policy, 2016 (Hereinafter referred to as 'BIIPP, 2016'), as despite of SIPB Stage-1 Clearance, No Objection Certificate dated 06.04.2024 issued by the Chairman of Tarapur Nagar Panchayat and permission for construction of boundary wall given by the Executive Engineer of Tarapur Municipal Board on 08.06.2024, which is consciously and deliberately impeded and thwarted by the Respondent Authorities, illegally, arbitrarily and capriciously.

ii. For directing the respondents forthwith not to take any coercive steps against the unit of the Petitioner till disposal of this Writ Application.

iii. For any other relief or reliefs for which the petitioner be found entitled in the eye of law.”

3. It is the case of the petitioner that he has taken lease of the land admeausring an area of Total 157.3435 acres for the purpose of establishing a factory for producing maize grits and allied products as per the Bihar Industrial Investment Promotion Policy, 2016 (BIIPP, 2016). The petitioner has taken necessary permissions from the concerned authorities and also the permission from the Executive Engineer of Tarapur for construction of the compound wall. However, the respondents more particularly, the respondent No. 8 herein (i.e., Circle Officer Tarapur District) is not permitting the petitioner to set up the unit or making any construction over the said land.

4. Learned counsel appearing on behalf of the petitioner has stated that the Circle Officer without any legal basis is preventing the petitioner from making any construction solely on the ground that the land which has been leased by the petitioner and the surrounding lands are required for the purpose of constructing of Sub-Divisonal Civil Court-cum-Residential Building at Tarapur under the Munger Judgeship, Munger. However, till date no steps have been invoked by the said authority for acquisition of the land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) That the act of the respondents in preventing the petitioner from establishing the unit is contrary to the well settled prin