High Court Patna High Court - Orders

Vikram Vijay vs The Managing Director,Bihar In on 3 March, 2011

Patna High Court – Orders
Vikram Vijay vs The Managing Director,Bihar In on 3 March, 2011
                  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.

                                    -----------

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.)