IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.433 of 2005 1. M/S Bharat Pharmaceutical Works through its Proprietor Sri Gyaneshwar Prasad Industrial Area, Donar, Darbhanga. 2. Sri Gyaneshwar Prasad, Proprietor, Bharat Pharmaceutical Works, Industrial Area, Donar, Darbhanga. ……Petitioners. Versus 1. The State of Bihar. 2. Darbhanga Industrial Area Development Authority through its Managing Director, New Industrial Estate, Bela Darbhanga. 3. The Managing Director, Darbhanga Industrial Area Development Authority, New Industrial Estate, Bela Darbhanga. 4. Bihar State Financial Corporation through its Managing Director, Fraser Road, Patna. 5. The Managing Director, Bihar State Financial Corporation, Fraser Road, Patna. 6. The Branch Manager, Bihar State Financial Corporation, Mithila Branch, New Industrial Area, Darbhanga. 7. The Branch Manager, Central Bank of India Laheriasarai, Darbhanga. ……..Respondents. --------------- For the petitioner : Mr. Bhubneshwar Prasad, Advocate. For the respondents : M/s Namarata Mishra, G.P.17 & Asha Singh, G.P.17. ----------- 02/ 04.01.2011 Heard learned counsel for the petitioners and learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed by the petitioners for directing the respondents to fulfill their respective promises for the effective initiation of production in the dormant industrial unit and exempt the petitioner and his industrial unit from payment of interest component as against the financial liability which has been created on account of non-fulfillment of reciprocal promises in time. 3. A counter affidavit has been filed on behalf of the State of Bihar in which it was stated that the Government acquired a piece of land for establishment and development of industries and handed over the same to the implementing agency, i.e. Bihar Industrial Area - 2 - Development Authority (BIADA) which developed the infrastructural facilities on the said land, whereafter the land was allotted to the entrepreneur for establishment of industrial unit as per the provision of Bihar Industrial Area Development Authority Act. It is further stated that for establishment of industry, the entrepreneur after getting allotment of land approached the financial institutions for getting their sanction for the said establishment. 4. In the said circumstances, it is quite apparent that the respondents had not lagged behind with respect to their promises and undertakings. So far the petitioner’s claim of exemption of interest is concerned, the Department of Industries vide letter no.162 dated 04.02.2005 has asked the Managing Director of BIADA, Patna and Managing Director of BSFC and the Bank to look into the matter. 5. In the aforesaid facts and circumstances, it is quite apparent that the matter which the petitioners have raised cannot be decided by this court rather the petitioners must approach the Managing Director of Bihar Industrial Area Development, Patna (BIADA) and the Managing Director of Bihar State Financial Corporation, Patna (BSFC) as well as the Central Bank of India, Leheriasarai raising their claims in continuation of the above mentioned letter of the Industries Department. 6. With the aforesaid observation, this writ petition is disposed of. Sunil (S. N. Hussain, J.)