IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16057 of 2009 Bihar State Cooperative Marketing Union (BISCOMAUN), through its Managing Director, resident of Biscomaun Bhawan, PS Gandhi Maidan, Patna – Petitioner. Vs. 1) The State of Bihar, 2) The Industrial Dev. Commissioner, Bihar, Patna. 3) Bihar Industrial Area Dev. Authority through its Managing Director, Patna. 4) The Managing Director, Bihar Industrial Area Dev. Authority, Patna. 5) The Executive Director, BIADA, Regional Office at Darbhanga, Dist. Darbhanga – Respondents. 5 22.11.2011 Heard learned counsel for the parties. The petitioner has challenged Annexure 7 which has been communicated by the Executive Director of Bihar Industrial Area Development Authority (hereinafter referred to as ‘the BIADA’) to the Bihar State Cooperative Marketing Union (‘the BISCOMAUN’ hereinafter). By the impugned letter BIADA has asked the BISCOMAUN to pay transfer charges as prescribed in the said letter. The letter also indicates that certain lands which are lying unutilized by BISCOMAUN should be returned to BIADA. The BIADA leased the plot of land situated in Tilrath, Begusarai to the BISCOMAUN which proposed to set up factory at the site in question. Some time in 2005 the BISCOMAUN subleased the said land to Kisan Tractor for the purpose of running the tractor factory. The BIADA cancelled the lease of the BISCOMAUN vide memo no. 2963, dated 26.12.2007. The order of cancellation was challenged by several persons and was decided in the case of Deepak Paints (P) Limited vs. State of 2 Bihar,2008 (2) PLJR 293. The BISCOMAUN also challenged the order of cancellation by filing CWJC No. 7028/2008 which was disposed of on10.7.2008. Another piece of land was handed over to BISCOMAUN by BIADA for the purpose of running a cattle food industry which included running a cold storage and other accessories required for running the industry. The petitioner claims that the said industry was running till 2005. Later the BISCOMAUN found itself unable to run the industry because of financial crunch and, therefore, leased the cold storage to Maa Durga Enterprises. The said lease in favour of the petitioner was cancelled vide memo no. 2962, dated 26.12.2007 which was similarly challenged by the petitioner by filing CWJC No. 7161/2008 disposed of on10.7.2008. It may be clarified that both the order, dated 10.7.08 were considered by the Division bench of this court in Deepak Paints (Supra). Counsel for the BIADA submits that in fact the petitioner could not have subleased the factory / cold storage without the prior permission of the BIADA as there is a specific bar in the documents of lease / bonds. In any event the petitioner approached the BIADA for post facto grant of sanction which has led to the issuance of the impugned order contained in Annexure 7. Counsel for the petitioner, on the other hand, submits that annexure 7 is in direct violation of the decision taken by this court in Deepak Paints (supra) to the extent that letter of the 3 BIADA issued on 30.4.09 (Annexure 7) specifically has requested the BISCOMAUN to return those lands which are not being utilized by them or subleased. It is contended that asking the BISCOMAUN to return the land is in the teeth of the order in the case of Deepak Paints as it amounts to cancellation of lease. This court is not required to go into this aspect of the matter for the present. Counsel for the respondents submits that lease deed lays down certain conditions, violation of which, may result in cancellation of the lease. It would appear that this writ petition filed by BISCOMAUN appears to be premature, as Annexure 7 merely asked the BISCOMAUN to pay the transfer charges. Apparently this letter was issued after several meetings held between the BIADA, the BISCOMAUN and the sub lessee’s. The petitioner is are first required to reply the BIADA so that a decision may be taken to regularize the sublease in the manner as permissible under the law. I, therefore, do not find any reason to interfere by quashing Annexure 7. It would be in the interest of BISCOMAUN to respond to letter no. 286, dated 30.4.09. This writ petition is, thus, disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J .)