High Court Patna High Court - Orders

The Bihar Industrial Area Deve vs M/S Vikramshila Engicon Pvt.Lt on 1 December, 2010

Patna High Court – Orders
The Bihar Industrial Area Deve vs M/S Vikramshila Engicon Pvt.Lt on 1 December, 2010
                           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

                         ==========================================
                         The Bihar Industrial Area Development Authority & Ors.
                                                                   - Appellants
                                                Versus
                          M/S Vikramshila Engicon Pvt. Ltd & Anr. - Respondents

                         ==========================================
                          Appearance:
                              For the Appellant : Mr. Lalit Kishore, Sr. Advocate
                                                  Mr. Piyush Lall, Advocate
                              For the Respondent: Mr. Rajni Kant Jha, Advocate

                         ==========================================
                        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.)