IN THE MATTER OF AN APPLICATION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA --------- CWJC No.11310 of 1999 UMESH KUMAR AGRAWAL S/O LATE KRISHNA DAS AGRAWAL, R/O MOHALLA- KALAMBAGH ROAD, PS- KAZI MOHAMMADPUR IN THE TOWN & DISTRICT MUZAFFARPUR DIRECTOR OF NORTH EAST FERTILIZERS PVT. LTD. MUZAFFARPUR------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE AGRICULTURE PRODUCTION COMMISSIONER-CUM- SECRETARY, DEPARTMENT OF AGRICULTURE, GOVT OF BIHAR, PATNA 3. THE DIRECTOR AGRICULTURE, GOVT. OF BIHAR, PATNA 4. INDUSTRIAL DEVELOPMENT COMMISSIONER, GOVT, OF BIHAR, PATNA 5. BIHAR STATE CREDIT & INVESTMENT CORPORATION LTD. AN UNDERTAKING OF GOVT. OF BIHAR HAVING ITS OFFICE AT INDIRA BHAWAN, IVTH FLOOR, RAM CHARITRA SINGH PATH, PATNA THROUGH ITS MANAGING DIRECTOR. 6. THE MANAGING DIRECTOR, BICICI,INDIRA BHAWAN 4TH FLOOR RAM CHARITRA SINGH PATH, PATNA 7. MANAGING DIRECTOR, NORTH BIHAR INDUSTRIAL AREA DEVELOPMENT AAUTHORITY, MUZAFFARPUR—RESPONDENTS. With CWJC No.2851 of 2002 UMESH KUMAR AGRAWAL S/O LATE KRISHNA DAS AGRAWAL R/O MOHALLA- KALAMBAGH ROAD, PS- KAZI MOHAMMADPUR, IN THE TWON & DISTRICT MUZAFFARPUR, DISTRCTOR OF NOTH EAST FERTILIZER PVT. LTD. MUZAFFARPUR----------PETITIONER Versus 1. BIHAR STATE CREDIT & INVESTMENT CORPORATION LTD. AN UNDERTAKING OF GOVT. OF BIHAR HAVING ITS OFFICE AT INDIRA BHAWAN IVTH FLOOR RAM CHARITRA SINGH PATH PAPTNA THROUGH ITS MANAGING DIRECTOR 2. THE MANAGING DIRECTION BICICO, INDIRA BHAWAN IV FLOOR RAM CHARITRA SINGH PATH PATNA 3. MANAGER RECOVERY BIHAR STATE CREDIT & INVESTMENT CORPORATION LTD. PATNA---------RESPONDENTS ----------- For the Petitioner: Mr. Yugal Kishore, Sr. Advocate With Mrs.Nutan sahay and Madhu Rani Advocates For the State: Mr. J.P.Karn, sr.Advocate AAG-9 & Mr. A.K.Dubey, AC to AAG-9 For the BICICI: Mr. Nirmal Kumar, Advocate ------------ P R E S E N T HON’BLE MR. JUSTICE AJAY KUMAR TRIPATHI ---------- A.K.Tripathi,J It has been a long drawn out battle for the petitioner stretched over two decades. The number of the writ applications and the reasons for which he has had to approach this - 2 - Court surely can earn him the status of a war horse having survived all those battles The origin or the problem of the petitioner started on 27.2.1991 when an advertisement came to be issued by the respondent Bihar State Credit & Investment Corporation Limited (hereinafter referred to BICICO). Petitioner driven by the enthusiasm and dream of a young entrepreneur got tempted by the advertisement contained in annexure-1. Advertisement was a notice inviting tender for sale of industrial units that had otherwise failed at the hands of the original promoters. Petitioner was an applicant for a Unit known as M/s S.R. Fertilizer and Chemical Private Limited, located at Bela industrial area Muzaffarpur. The industry was engaged in production of mixed fertilizers. Petitioner paid an initial money of Rs. 8.00 lakhs out of the total consideration of Rs. 36.00 lakhs. Rest of the nuts and bolts were worked out for transfer. The factory never took off because of non-cooperative attitude of the departments connected thereto viz the electricity, Industrial authority or other organizations who are supposed to make and create an industrial environment for growth. It is a long story which has been narrated by the petitioner. It is a sad reflection in the way things have happened over the years in the State of Bihar. It is also a reflection on the mind set of those who have been given the responsibility of industrialization in Bihar. If the present case is - 3 - an example then the Court can only observe that there does not lie much future for any entrepreneurs as none of their effort and desire will ever fruitify, nor can the people of Bihar benefit therefrom. Admitted position is that despite the unit not taking off or going into commercial production for various reasons, the interest component kept mounting against him as so far BICICO is concerned. Fancy full figure has come to be demanded which became the subject matter of dispute. I am informed that the petitioner initially went for negotiated settlement and bought a peace on payment of a sum of Rs. 40 lakhs and odd. Despite the long protracted battles which took its toll on the plant and machinery, but not on the spirit of the petitioner. Eleven writ applications in questions came to be filed beginning in the year 1990. Many directions issued by the Court at the relevant time have not helped the petitioner to achieve what he desired when he bought the units. The efforts and exercise made by the petitioner reaches him nowhere. The Court can only wish and hope at this stage that all authorities who are saddled with the job realize the situation and serve the State of Bihar if they still have some love left for this State. There should be commonality of interest in their functioning and extend all cooperation to the petitioner in putting back the unit and the industry on a rail for which the petitioner has made a valiant effort. - 4 - No substantial direction as such can be issued in the above noted circumstances. The Court has said enough for the authority to take note of. Let it be recorded that BICICO shall take steps without creating further impediment in this matter The seizure of the property for recovery etc. which came to be made by the then so called recovery officer whose action was found to be illegal by the Court earlier will be returned to the petitioner now, if not already returned. Both the writ applications stand disposed of. PATNA HIGH COURT,PATNA DATED THE 6TH MAY, 2010 NAFR/RPS/SR.SECY. (Ajay Kumar Tripathi, J.)