IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1527 of 2011
VIKRAM VIJAY S/o Dr. D.L. Mandal, Resident of
Mohalla-Durga Asthan, Rajendra Nagar, P.O. P.S.-
Kaithar, Dist-Kaithar, and Proprietor of vijay Food
Products Industrial Area, Durga Asthan, Katihar.
Versus
1. THE MANAGING DIRECTOR,BIHAR INDUSTRIAL Area
Development Authority First Floor, East Gandhi
Maidan, Patna.
2. The Executive Director, bihar Industrial Area
Development Authoprity, Regional Office, Bhagalpur.
3. The Executive Director, Bihar Industrial Area
Development Authority, Regional Office, Darbhanga.
4. The In charge Officer, Industrial area, Katihar,
Dist-Katihar.
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6 3.3.2011 1. Heard learned counsel for the
parties.
2. This writ petition has been filed by
the petitioner for quashing the order bearing
Memo No. 715 Dated 6.9.2010(Annexure-9) by which
the Executive Director Bihar Industrial Area
Development Authority, Regional Office Bhagalpur
(respondent No. 2) cancelled the allotment of
Plot No. 24 (part) having an area of 2.5 acres
within the industrial area Katihar, which was
earlier allotted to M/s Vijay Food Products,
proprietor of which is the present petitioner,
was immediate effect and the amount deposited by
the petitioner was forfeited. Further prayer is
made to direct the respondents authorities to
consider the representation/appeal dated
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4.10.2010(Annexure-10) of petitioner pending
before respondent No. 2 to grant/extend the time
for starting his business on the said plot.
3. So far the second relief sought by
the petitioner is concerned, this writ petition
is disposed of with a direction to the Executive
Director Bihar Industrial Area Development
Authority Regional Office, Bhagalpur(respondent
No. 2) to decide the representation/appeal filed
by the petitioner on 4.10.2010 by a speaking
order, expeditiously within two months of
receipt/production of a copy of this order.
4. So far the first relief sought by the
petitioner is concerned it transpires from a
perusal of the impugned order dated 06.09.2010
that it is a communication by the Executive
Director, with respect to the order which had
been passed by the Managing Director, Bihar
Industrial Area Development Bhagalpur and
against such an order an appeal is provided
under Section 6(2)(A) of the Bihar Industrial
Areas Act 1974 before the State Government.
5. In the said circumstance this writ
petition is disposed of with a liberty to the
petitioner to file a statutory appeal before the
said Appellate Authority. If such, an appeal
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filed before the said authority within 15 days
along with a copy of this order and an
interlocutory application for condoning the
delay the said authority will consider the delay
due to the pendency of this writ petition and
shall dispose of the said appeal in accordance
with law on its own merit within two months from
the date of its filing.
Prakash (S.N.Hussain,J.)