Jharkhand High Court
Bihar State Industrial Develop vs State Of Jharkhand & Ors. on 6 October, 2017
Author: D.N. Patel
Bench: Amitav K. Gupta, D.N. Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No.6507 of 2010
Bihar State Industrial Development Corporation Limited Karamchari
Mahasangh, Tatisilwai, Ranchi ... ... ... ... ... Petitioner
Versus
1. The State of Jharkhand through Chief Secretary
2. Secretary, Department of Industries, Government of Jharkhand, Ranchi
3. State of Bihar, thorugh its Chief Secrtary
4. Secretary, Department of Industries, Government of Bihar
5. Bihar State Industrial Development Corporation Limited, Patna
6. High Tension Insulator Factory, namkum
7. Electric Equipment Factor, Tatisilwai
8. Malleable Cast Iron Foundry, Namku, Ranchi
9. Swarn Rekha Watch Factory, Ranchi
10. Bihar State Super Phosphate Factory, Sindri
11. Jharkhand State Electricity Board
With
W.P.(S) No. 2647 of 2008
Shri Sheo Nanda Prasad and others ... ... ... Petitioners
Versus
State of Jharkhand and others ... ... ... ... Respondents
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CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Petitioners: M/s. Md. Mokhtar Khan, Vishal Kumar Rai, Faisal
Khan, Pratyush Kr. Jha, Sanjay Pirapwall, Nitu Sinha,
Anil Kumar Sinha
For the Respondents: M/s. J.C. to A.G., J.C. to G.A. Bihar, Rajesh Kumar,
Amit Kumar, Manindra Kumar sinha, Sachin Kumar,
Binod Kumar, S.N. Ahmad, Pawan Kumar, Ranjan
Kumar, Nagmani Tiwari, Naresh Pd Thakur, Vikesh
Kumar, Vijay Kant Dubey
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63/Dated: 06th October, 2017
(Oral order) Per D.N. Patel, ACJ.
I.A. No.2165 of 2016 [in W.P. (PIL) No. 6507 of 2010]
1) Counsel for the applicant submitted that this applicant is searching for the land which the respondent Nos.5 to 10 want to lease out for making payment of the dues to their workman and for payment of other dues.
2) Having heard learned counsels for both sides and looking to the facts and circumstances of the case and also looking to the averment made in the Interlocutory Application, especially in paragraph 5 thereof, this Interlocutory Application is allowed. This applicant is permitted to be joined as respondent No.12 at its own cost.
-2-3) Necessary amendment shall be carried out in red ink in the memo of writ petition.
4) Notice upon the newly joined party No.12, which is waived by Sri Nagmani Tiwari, Advocate and he is seeking time to file affidavit about the proposed offer for purchase of the land which the respondent Nos.5 to 10 are ready to lease out.
I.A. No.5532 of 2016 [in W.P. (PIL) No. 6507 of 2010]
5) This application has been preferred with a prayer to permit this applicant to enter into a lease agreement with the respondents-Employees' State Insurance Corporation for 8.10 acres of land, narration of which has been given in this Interlocutory Application.
6) Having heard learned counsels for both sides and looking to the facts and circumstances of the case, it appears that there is no need of seeking permission of this Court. This applicant is permitted to do whatever they want to do for disposal of the land as per rules, regulations and governmental policies. We do not know that under what compulsion, this applicant has chosen ESIC. Whenever any public property is to be transferred, the public at large should be given an opportunity, so that the highest price can be fetched. On this principle, the property of the public body can be sold out or can be given on lease. There cannot be any other method for disposal of property of the public institutions.
7) With these observation, we see no reason to entertain this Interlocutory Application. Hence, the same is hereby dismissed. I.A. No.1494 of 2017 [in W.P. (PIL) No.6507 of 2010]
8) Notice upon the respondents.
9) Md. Mokhtar Khan, Advocate waives notice for the respondents-workmen and is seeking time to file reply.
10) Time, as prayed for, is granted.
11) The reply must be filed on or before the next date of hearing.
I.A. No.3096 of 2017 [in W.P. (PIL) No.6507 of 2010]
12) Registry is directed to point out this Court that after disbursement to the workmen, how much amount is left out with the Registry.
13) This report will be given by the Registry on or before next date of hearing.
W.P. (PIL) No. 6507 of 201 and W.P.(S) No. 2647 of 2008
14) These matters are adjourned to be enlisted on 27th November, 2017.
(D. N. Patel, ACJ)
Manoj/ (Amitav K. Gupta, J)