IN THE HIGH COURT OF JUDICATURE AT PATNA
LETTERS PATENT APPEAL No.1379 of 2010
In
CWJC No. 195 of 2010
With
I.A. No. 7745 of 2010
In
LETTERS PATENT APPEAL No.1379 of 2010
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The Bihar Industrial Area Development Authority & Ors.
- Appellants
Versus
M/S Vikramshila Engicon Pvt. Ltd & Anr. - Respondents
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Appearance:
For the Appellant : Mr. Lalit Kishore, Sr. Advocate
Mr. Piyush Lall, Advocate
For the Respondent: Mr. Rajni Kant Jha, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
06/ 01.12.2010 Reg: L.P.A. No. 1379 of 2010
Admit.
The question of limitation will be decided at the
time of hearing of the Letters Patent Appeal.
Reg: I.A. No. 7745 of 2010
The matter at dispute is the lease of Government
land for construction of a cold storage. According to the writ
petitioner he had given an undertaking to commence the project
by the end of December 2010 i.e. 31 December 2010. It is the
case of the appellant Bihar Industrial Area Development
Authority that though the lease has been granted as early as in
2
the year 2007, till date the writ petitioner has not utilized the
land and it is lying fallen.
Be that as it may, in the event the writ petitioner
fails to commence the cold storage by 31st December 2010, the
appellant authority will be at liberty to take over possession of
the land any day on or after the Ist January 2011.
(R.M. Doshit, CJ.)
S.Sb/- (Jyoti Saran, J.)