IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2793 of 2008 M/S A.S.INDUSTRIES, SITUATED AT PLOT NO.14, PATLIPUTRA INDUSTRIAL AREA, POLICE STATION PATLIPUTRA, POST OFFICE PATLIPUTRA, DISTRICT PATNA THROUGH SHEILA SAHAY, DAUGHTER OF LATE SHRI ANAMI SHARAN SINHA, RESIDENT OF LAL GULAB, MOHALLA PURANI SARAI, POLICE STATION AND POST OFFICE NATHNAGAR, DISTRICT BHAGALPUR. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES NEW SECRETARIAT, PATNA. 2. THE BIHAR INDUSTRIAL AREAS DEVELOPMENT AUTHORITY AT UDYOG BHAWAN, GANDHI MAIDAN, POLICE STATION AND POST OFFICE GANDHI MAIDAN, PATNA THROUGH ITS MANAGING DIRETOR. 3. THE EXECUTIVE DIRECTOR, BIHAR INDUSTRIAL AREAS DEVELOPMENT AUTHORITY UDYOG BHAWAN, GANDHI MAIDAN, POLICE STATION AND POST OFFICE GANDHI MAIDAN, PATNA. 4. THE CHIEF ACCOUNTANT OFFICER, PATNA INDUSTRIAL AREA PATLIPUTRA, POLICE STATION AND POST OFFICE PATLIPUTRA, DISTRICT PATNA. 5. THE REGIONAL OFFICER, PATNA INDUSTRIAL AREA PATLIPUTRA, POLICE STATION AND POST OFFICE PATLIPUTRA DISTRICT PATNA. 6. SHRI SHANTI SHARAN SINHA, SON OF LATE SRI ANAMI SHARAN SINHA, CHIEF ENGINEER, MAINTENANCE, ANGLO INDUSTRIES SHABDANI, POLICE STATION AND POST OFfICE JAGATDAL, DISTRICT 24 PARGANA(NORTH), W.B. For the petitioner Mr. Syed M. Ashraf, Advocate. For the BIADA : Mr. A. Amanullah, Advocate. For the State : Alka Verma, AC to AAG-IX. ----------- 03. 20.12.2010 Heard learned counsel for the petitioner and the counsel for the Bihar Industrial Area Development Authority(hereinafter referred to as the BIADA). 2. Petitioner claims to be the allottee of space/shed measuring 34510 square feet from the Bihar State Small Scale Industries Corporation, which has merged into BIADA. This writ petition has been filed praying inter alia to quash the order dated 18.7.2007, Annexure-16 passed by the Executive Director, BIADA, - 2 - whereunder the lease allotting the aforesaid space/shed to the petitioner has been cancelled. The cancellation order has also been affirmed in appeal vide order dated 31.10.2007, Annexure-17. 3. It is submitted on behalf of the petitioner that order cancelling the lease has been passed by the Executive Director, BIADA, who does not have any authority to cancel the same as the authority to cancel the lease is vested with the Board of Directors of BIADA. In support of aforesaid submission, learned counsel for the petitioner has relied on the judgment of this Court dated 27.3.2008 passed in C.W.J.C. No.7352 of 2007. 4. It is submitted on behalf of BIADA that against the order dated 27.3.2008 Letters Patent Appeal has been filed by the BIADA, which is still pending. 5. Notwithstanding the pendency of the aforesaid LPA, the impugned orders dated 18.7.2007, 31.10.2007, Annexures-16, 17 are quashed with liberty to the competent authority of BIADA to take appropriate decision in the matter by passing appropriate orders in accordance with law. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)