JUDGMENT :

Sangam Kumar Sahoo, C.J.

The instant Letters Patent Appeal has been preferred by M/s Imperial Private Industrial Training Institute, through its Director, challenging the order dated 25.02.2025 passed by the learned Single Judge in C.W.J.C. No. 17448 of 2019, whereby the writ petition filed by the petitioner came to be dismissed.

2. The writ petition was filed seeking the following relief(s):

“i.) For quashing of order dated 15.07.2019 passed by The Secretary, Department of Industries, Government of Bihar, Patna by which, while rejecting the memo of appeal of the petitioner refused to consider the grounds of the appeal against the order of the Executive Director, Bihar. Industrial Areas Development Authority (hereinafter shall be referred as "BIADA" for short), Patna dated 08.03.2019 contained in memo No.1960/D dated 08.03.2019 and declined to consider the case of the petitioner judiciously even the return of forfeited amount was also not considered on the ground that there is no enabling provision for the same under BIADA Act, 1974 and its allied amendments the aforesaid order was communicated by the Administrative officer of the Industries deptt. vide Letter No.3081 dated 15.07.19.

(ii) For quashing of order dated 08.03.2019 contained in memo No.1960/D dated 08.03.2019 passed by the Executive Director, Bihar Industrial Areas Development Authority (hereinafter shall be referred as "BIADA" for short), Patna whereby and whereunder the allotment of plot No. L1, Area 10,000 Sqft situated at Industrial Area Jahanabad has been cancelled and the entire valuation amount deposited against the aforesaid plot has been forfeited with a further direction that no claim against the aforesaid cancelled plot shall be entertained in future.

iii.) For restoration of allotment of aforesaid plot Ll with all consequential right and interest consequent upon quashing of order dated 08.03.2019.

iv.) For refund of forfeited amount deposited against the aforesaid Plot No. L1 along with interest there upon.

v.) For any other relief/reliefs to which the Petitioner is found entitled in the facts and circumstances of the case.”

3. It is the case of the petitioner that Bihar Industrial Area Development Authority, Patna (hereinafter referred to as ‘BIADA’) allotted a piece of land admeasuring 10,000 sq. ft. in the Industrial Area, Jehanabad, for establishment of an Industrial Training Institute. A lease for a period of 90 years was granted vide Letter No. 5505/D dated 23.08.2012, subject to certain terms and conditions. However, the initially allotted Plot No. L2 was found to be disputed and sub judice before this Court. Consequently, an alternative Plot No. L1 was allotted to the petitioner by the Executive Director, BIADA, vide Office Order No. 308/D dated 15.03.2013 on similar terms and conditions.

4. Upon visiting the site, it was discovered that an 11 KV high-tension transmission line was passing over the said land. The petitioner accordingly requested the Managing Director, BIADA, to take necessary steps for its removal. Pursuant thereto, the Managing Director took up the matter with the Chairman of the Bihar State Power Holding Corporation and the concerned Executive Engineer finally shifted the said line. Thereafter, physical possession of Plot No. L1 was handed over to the petitioner on 25.05.2015 vide Memo No. 22/Je. The petitioner, whereupon deposited the entire valuation amount for the said plot and submitted the building plan for the proposed I.T.I., prepared by a registered architect, along with all requisite documents before the Executive Director, BIADA, Patna on 08.07.2015, seeking approval in terms of Clause 11 of the allotment letter dated 23.08.2012 and order no. 308/D dated 15.03.2013 with a request to accord approval of the map so that construction work for the establishment of I.T.I. could be completed in time.

5. It is further stated that, in the absence of approval of the building plan, no construction could lawfully be undertaken. M