Patna High Court - Orders
M/S Shirdi Foods Pvt. Ltd. vs The State Of Bihar on 23 July, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1692 of 2024
In
Civil Writ Jurisdiction Case No.10482 of 2022
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1. The Bihar Industrial Area Development Authority (BAIDA), through the
Managing Director, 1st Floor, Udyog Bhawan, Gandhi Maidan, Patna.
2. The Managing Director, the Bihar Industrial Area Development Authority
(BAIDA), 1st Floor, Udyog Bhawan, Gandhi Maidan, Patna.
3. The Executive Director, Bihar Industrial Area Development Authority
(BAIDA), Regional Office, Muzaffarpur, Bihar.
4. Thje Development Officer, BAIDA, Regional Office, Muzaffarpur, Bihar.
5. The Area-in-Charge, Bihar Industrial Area Development Authority,
Industrial Area, Muzaffarpur.
... ... Petitioner/s
Versus
1. M/s Shirdi Foods Pvt. Ltd. represented through its Director, Shivnath
Chaudhary, Male, Aged about 52 years, Son of Ramdeo Chaudhary,
Resident of Balughat, Muzaffarpur, Bihar - 842001.
2. The State of Bihar through the Principal Secretary, Department of Industries,
Government of BIhar, Patna.
3. Mr. Sandeep Paundrik, The Principal Secretary, Department of Industries,
Government of Bihar, Patna.
4. Mr. Subrat Kumar Sen, the District Magistrate, Muzaffarpur.
... ... Opposite Party/s
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with
Civil Writ Jurisdiction Case No. 14184 of 2024
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M/s Shirdi Foods Pvt. Ltd. represented through its Director Sri Shivnath
Choudhary, Gender- Male, aged about 54 years, son of Ramdeo Chaudhary,
resident of Balughat, Nazirpur, P.O. - Kanti, P.S.- Muzaffarpur, Muzaffarpur-
842001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Industries,
Secretariat, Bihar, Patna.
2. The District Magistrate, Muzaffarpur.
3. The Manager, BIADA, Muzaffarpur Cluster, Muzaffarpur.
4. The Managing Director, Bihar Industrial Area Development Authority,
BIADA, 1st Floor, Udyog Bhawan, Gandhi Maidan, Patna.
5. The Executive Director, Regional Office, BIADA, Muzaffarpur.
6. The Development Officer, BIADA, Muzaffarpur.
Patna High Court MJC No.1692 of 2024(22) dt.23-07-2025
2/6
7. The Area In-charge, Industrial Area, Muzaffarpur.
... ... Respondent/s
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Appearance :
(In Miscellaneous Jurisdiction Case No. 1692 of 2024)
For the Petitioner/s : Mr.Abu Nasar
For the Opposite Party/s : Mr.Standing Counsel 9
(In Civil Writ Jurisdiction Case No. 14184 of 2024)
For the Petitioner/s : Mr.Ajay Prasad
For the Respondent/s : Mr.Standing Counsel 9
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
22 23-07-2025Re:- M.J.C. 1692 of 2024 On 25.04.2025, we have passed the following order:-
"On 23.04.2025, we have passed the following order:
"From perusal of the earlier order read with inspection conducted by the petitioner- BIADA on 03.04.2025 read with material information, it is evident that respondent has not commenced the production and he has violated the undertaking given before this Court. In this regard, it is necessary to reproduce order dated 26.03.2025 and it reads as under:-
"Prima facie, the
respondents have
committed contempt of
Patna High Court MJC No.1692 of 2024(22) dt.23-07-2025 3/6 court in the light of his own undertaking and it has been recorded by Co-ordinate Bench on 17.10.2022 while disposing CWJC No. 10482 of 2022 to the extent that within sixty days he would commence the unit. On the other hand, he has prima facie failed to start his unit as per his undertaking. There is no application for extension of time or modification of the order dated 17.10.2022 passed in CWJC No. 10482 of 2022.
However, perusal of
supplementary read with
certain documents it is
evident that he has
undertaken certain action insofar as installation of generator and repair work of electricity only in the months of February 2023 and March 2023. However, he has not produced any material to show that any production has commenced. That apart the BIADA-
petitioners have inspected the unit on 10.01.2023 and Patna High Court MJC No.1692 of 2024(22) dt.23-07-2025 4/6 as on that day unit has not commenced. Be that as it may, BIADA-petitioners are requested to inspect the subject matter of unit before the next date of hearing and submit report to the extent whether production has commenced or not. If the production has not commenced as on the date of BIADA's inspection in that event, we are compelled to pass order directing the petitioners to hand over the land to the BIADA. If the production has commenced as on the date of inspection in that event, we are compelled to impose exemplary fine for violating of respondent's undertaking before this Court on 17.10.2022 in CWJC No. 10482 of 2022.
2. Re-list this case on 09.04.2025."
2. However, in order to give one more opportunity, today learned counsel for the respondent was asked as to whether respondent is prepared to pay penalty of Rs. 5 Lakhs to the petitioner- Patna High Court MJC No.1692 of 2024(22) dt.23-07-2025 5/6 BIADA, within a period of one month and thereafter two months for commencing the production. In this regard, undertaking affidavit shall be filed by the respondent on or before 25.04.2025.
3. Re-list this matter on 25.04.2025."
2. Learned counsel for the Respondent submitted, orally, that Respondent is prepared to pay a sum of Rs. Two Lakhs to the petitioner. Be that as it may, there is no interlocutory application to recall and modify the order dated 23.04.2025. Writs order is relates back to 17.10.2022 and we are in the year 2025. For one or the other pretext, Respondent is dragging the present Contempt Petition for the last about two years. In fact, Respondent has given an undertaking in C.W.J.C. No. 10482 of 2022 and he is keep on violating his own undertaking. In this backdrop, the Respondent is hereby directed to handover the subject land in favour of the Bihar Industrial Area Development Authority (BIADA) within a period of one month from the date of receipt of this order, failing which petitioner-BIADA is permitted to take the assistance of the jurisdiction Police and Revenue Authorities insofar as recovery of the subject land.
3. Re-list this matter on 27.06.2025."
2. Respondent has not cooperated with the petitioner insofar as implementation of the order dated 25.04.2025 in part, insofar as handing over the subject plot. Therefore, the Patna High Court MJC No.1692 of 2024(22) dt.23-07-2025 6/6 petitioners have taken over subject plot with the assistance of jurisdictional police and other authorities on 28.05.2025.
3. In the light of these facts and circumstance, the present MJC No. 1692 of 2024 stands dropped. Pending I.A.(s), if any, stands disposed of.
Re:- CWJC. 14184 of 2024 Registry is hereby directed to de-link CWJC No. 14184 of 2024 with MJC No. 1692 of 2024.
2. Re-list this matter on 20.08.2025.
(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) prabhakar/-
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