IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 229 of 2011
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M/s City Residency (India) Pvt. Ltd
through its Director Saurav Agarwal Petitioner
Versus
Adityapur Industrial area Development
Authority through its Managing Director.
Adityapur, Seraikella-Kharsawan & another Respondents
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CORAM: The Hon'ble Mr. Justice R.K. Merathia
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For the Petitioner: Mr. Indrajit Sinha, Advocate
For the Respondents: Mr. R.C.P. Sah, Advocate
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3.10.03.2011
According to the petitioner, the impugned public notice
(Annexure-3) was issued on 21.10.2010 blacklisting the petitioner and
also indicating that all person making any financial or property deal
with Mr. Saurav Agrawal (petitioner no. 3) or with the firms to which
he is associated, may do so at their own risk.
2. Mr. Sinha, learned counsel appearing for the petitioner,
made short submission that such notice was issued without giving any
opportunity of hearing to the petitioner.
3. On the other hand, Mr. R.C.P. Sah, learned counsel
appearing for the AIADA, submitted that in view of the deviation
caused by the petitioner, such notice was issued to make the public
aware that Saurav Agrawal who is associated with all the Firms, has
erected buildings in deviation of the approved plan and in spite of
orders, he has not removed the deviation. He further submitted that
an appeal filed by Saurav Agrawal is pending before the concerned
authority. However, he could not dispute that such notice was issued
without giving opportunity of hearing to the petitioner.
4. In the circumstances, the impugned public notice dated
21.10.2010 (Annexure-3) is set aside with liberty to the AIADA to
proceed against the petitioner in accordance with law, if they choose
to do so.
With these observations and directions, this writ petition
stands disposed of.
(R.K. Merathia, J)
Ranjeet/