Failure to utilize allocated industrial land justifies its cancellation under statutory provisions.

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5 08-01-2026 The present intra court appeal has been preferred against the order dated 15.09.2023 passed in C.W.J.C. No. 10625 of 2023, whereby the learned Single Judge had set aside the order dated 03.07.2023 of the Appellate Authority passed in Appeal No. 198 of 2023 as well as the cancellation order passed by the Joint Managing Director, BIADA and had granted an opportunity to the writ petitioner to start commercial production.

2. Learned counsel for the respondent-petitioner had preferred the writ application for the following reliefs:

“(i) For quashing the order dated 3.7.23 passed in Appeal Case No. 198/2022 communicated vide Memo No. 3984 dated 7.7.23 by the Respondent No. 2 whereby and where under the Appeal filed by the Petitioner has been dismissed in a mechanical arbitrary, whimsical, pick and choose manner, whereas the similarly situated allottees have been given the benefits as are being given by the Hon’ ble Court in C.W.J.C. No. 6883/2020. M/s. Umesh Service Station vs. The State of Bihar and Ors., and in terms of Appeal No. 76/2022.

(ii) For setting aside order bearing Memo No.

1029 dated 19.11.22 passed by the Respondent No.

7. The Deputy General Manager, Muzaffarpur Cluster, Bihar Industrial Area Development Authority (BIADA). Muzaffarpur, (hereinafter referred to as “BIADA”) whereby and where under the allotment of land measuring an area of 1050 Sq. Ft. for the establishment of Industry etc. within the Industrial Area-Giddha has arbitrarily been cancelled, since the reason recorded therein is non- est, not sustainable that too being perverse and in complete violation of the principles of natural justice and against all. canons of justice.

(iii) For declaration and to hold that the aforesaid impugned order dated 3.7.23 passed in Appeal Case No. 198/2022 communicated vide Memo No. 3984 dated 7.7.23 is illegal and in contravention to the settled principles of law i.e. Nemo Judex in Causa Sua (No one should be made a judge on his own cause) as the impugned order vide Memo No. 1029 dated 19.11.22 has been passed by Respondent No. 7 The Deputy General Manager, Muzaffarpur Cluster, Bihar Industrial Area Development Authority (BIADA), Muzaffarpur and the order dated 3.7.2023 passed in Appeal Case No. 198/2022 communicated vide Memo No. 3984 dated 7.7.23 passed by Respondent No. 2 Additional Chief Secretary, Department of Industries who is colourably holding the same post at the same time and as such liable to be quashed on this ground itself.

(iv) For a direction upon the Respondents to give the benefits as are being given to the similarly situated allottees in C.W.J.C. No. 13558/2022, C.W.J.C. No. 12560/2022, C.W.J.C. No. 6883/2020, C.W.J.C. No.

13037/2022 and other analogous cases.

(v) For directing the respondents forthwith not to take any coercive steps against the allotment of petitioner till disposal of this writ application.

(vi) For any other relief or reliefs for which the petitioner may be found entitled in the eye of law.”

3. The brief facts of the present case are that Plot No. C-

13, admeasuring 0.025 acre (approximately 1,050 sq. ft.), was allotted to the respondent-petitioner by the Bihar Industrial Area Development Authority (for brevity “BIADA”), and possession was handed over vide Memo No. 3288 dated 19.11.1979. Lease deeds were executed in 1979 and 1984, and a Certificate of Registration dated 05.03.1983 was granted for establishment of a printing press. The unit functioned up to the year 1997, however, no material evidence has been produced to establish its operation thereafter. On inspection, the premises were found to be used for residential purposes, leading t