IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4711 of 2009 Arjun Pd. Choudhary, son of Late Puran Choudhary, Secretary, Bihar State Agro Industries Development Corporation Limited, Krishi Udyog Bhawan, Sinha Library Road, Patna – 1 – Petitioner. Vs. 1) The State of Bihar, 2) Industrial Development Commissioner, Bihar, Patna. 3) Bihar Industrial Area Development authority through Managing Director, Udyog Bhawan, Gandhi Maidan, Patna. 4) Executive Director, Bihar Industrial Area Development Authority, Udyog Bhawan, Gandhi Maidan, Patna – Respondents. 4 20.12.2011 Heard learned counsel for the petitioner and the State. This writ petition has been filed on behalf of Arjun Pd. Choudhary who describes himself as the Secretary, Bihar State Agro Industries Development Corporation, Sinha Library Road, Patna. The petitioner is aggrieved by the fact that the Bihar Industrial Area Development Authority (hereinafter to be referred as ‘the BIADA’) has advertised for leasing certain plot of land situated in the Industrial Area, Patna. Petitioner’s plot is mentioned in the said advertisement at serial no. 24. Its designation is Plot No. B-5 measuring 1 acre. The facts are that the Bihar State Small Scale Industries Development Corporation had transferred the land to the Bihar State Agro Industries Corporation w.e.f. 14.2.1976. The said land was transferred for the purpose of bicycle project and production of agricultural implement products. After the BIADA came into existence, it issued a notice cancelling the transfer of land in the year 1995 vide Annexure-C to the counter affidavit. The petitioner Corporation requested for time to vacate the said premises by letter, dated 1.3.1996. For one reason or the other the matter remained in 2 abeyance. The petitioner Corporation did not vacate the land and no steps were taken by BIADA to ensure the follow up action after issuance of the cancellation in the year, 1995. At that stage the Corporation did not challenge the cancellation of the allotment of land. Subsequently in 2007 when there was a notice for auction of the land in question vide Annexure 1, they have come to this court after a gap of two years making a prayer that the notification for auction of the land should be quashed. Affidavits have been filed by both the parties. It would appear that the BIADA has already settled the land in favour of a third party after the auction notice on 7.6.2007. The petitioner’s prayer is rather belated before this court inasmuch as the cancellation took place in 1995 and thereafter the land has been allotted to a third party after issuance of Annexure 1. In the aforesaid circumstances this court cannot interfere in this matter by quashing the notice issued vide Annexure 1 as the follow up action after the notice was issued is already complete. The petitioner had the right to file a statutory appeal. However, the period of filing that appeal is perhaps over as it was thirty days. Considering all aspects of the matter this court finds no ground of issuing a writ for quashing the order of allotment of land. This writ petition is accordingly dismissed. haque ( Sheema Ali Khan, J .)