Patna High Court - Orders
The Bihar Industrial Area Development ... vs M/S Shirdi Foods Pvt. Ltd. Represented ... on 25 April, 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
======================================================
The Bihar Industrial Area Development Authority (BAIDA), through the
Managing Director,
... ... Petitioner/s
Versus
M/s Shirdi Foods Pvt. Ltd. represented through its Director, Shivnath
Chaudhary,
... ... Opposite Party/s
======================================================
with
Civil Writ Jurisdiction Case No. 14184 of 2024
======================================================
M/s Shirdi Foods Pvt. Ltd.
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
(In Miscellaneous Jurisdiction Case No. 1692 of 2024)
For the Petitioner/s : Mr. Abu Nasar, Advocate
For the Opposite Party/s : Mr. Ajay Prasad, Advocate
Mr. Ashutosh Kumar Upadhayay, AC to SC-9
(In Civil Writ Jurisdiction Case No. 14184 of 2024)
For the Petitioner/s : Mr. Ajay Prasad, Advocate
For the Respondent/s : Mr. Mr. Ashutosh Kumar Upadhayay, AC to SC-9
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
19 25-04-2025Ref: M.J.C. 1692 of 2024 (C.W.J.C. No. 10482 of 2022) 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 Patna High Court MJC No.1692 of 2024(19) dt.25-04-2025 2/4 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 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 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 Patna High Court MJC No.1692 of 2024(19) dt.25-04-2025 3/4 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-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 Patna High Court MJC No.1692 of 2024(19) dt.25-04-2025 4/4 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.
(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) manish/-
U