IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12448 of 2011 Netaji Subhash Institute of Technology Amhara, Bihta P.S.-Bihta, Patna through the Member Secretary, Madan Mohan Singh, S/O Sri Tej Narayan Singh, R/O Amhara, P.S.-Bihta, Distt.-Patna……Petitioner. Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The Principal Secretary, Department of Industries, Govt. Of Bihar, New Secretariat, Patna. 3. Bihar Industrial Area Development Authority, Udyog Bhawan through its Managing Director, Gandhi Maidan, Distt.-Patna. 4. The Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, Gandhi Maidan, Distt.-Patna. 5. The District Magistrate, Patna……………………..…Respondents. For the petitioner : Mr. Y.V. Giri, Sr. Advocate with M/s Shivendra Kr. Sinha and Mukesh Kant, Advocates. For the respondents : Mr. Lalit Kishore, AAG-1 with Ms. Binita Singh and Mr. Apurva Kumar, AC to SC-10. ---------------------------------- 03/ 19.09.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) Issuance of writ/writs in the nature of mandamus commanding the respondents to take final decision on the process of settlement of land acquired by establishment for Industrial Development establishment of Educational Institutions under the authority of respondent nos.2 and 3 and on the application of the petitioner dated 27.07.2010 (as contained in Annexure-6 & 6/A) to settle the adjoining land under the scheme of the BIADA. (ii) Issuance of writ/writs in the nature of the mandamus commanding the respondent to appropriately take a final decision on the application dated 27.07.2010 of the petitioner on the basis of best eligibility and the - 2 - government policy of first come first serve basis. (iii) Issuance of such other reliefs to which the petitioner is found entitled to in the facts and circumstances of the case. 3. Learned counsel for the petitioner submits that in the proceeding of Project Clearance Committee of Bihar Industrial Area Development Authority dated 07.12.2010 (Annexure-7) it was held that the request of the petitioner for allotment of the land in question would be considered after inspection report is submitted by the appropriate authority. He further submits that accordingly the Executive Director of the Bihar Industrial Area Development Authority inspected the matter and submitted his report dated 27.12.2010 in favour of the petitioner. Learned counsel for the petitioner further submits that thereafter the petitioner filed his application before the Managing Director of Bihar Industrial Area Development Authority on 27.07.2010 (Annexure-6) for allotment of the land as the report has also come in his favour but although several months have lapsed no heed has been paid by the respondents and the matter is still lying pending. 4. On the other hand, learned counsel for the Bihar Industrial Area Development Authority vehemently opposes the contentions of learned counsel for the petitioner and submits that there is a directive of the State Government not to allot Bihta lands to others and hence the said land cannot be allotted to the petitioner or any other such persons. 5. This contention is opposed by learned counsel for the - 3 - petitioner, who submits that the Industry Minister had passed order to consider the claim of the petitioner. 6. Considering the averments made by learned counsel for the parties and the materials on record, this court without going into the merit of the case, deems it proper to dispose of this writ petition with a direction to the Managing Director of the Bihar Industrial Area Development Authority to dispose of the petitioner’s application dated 27.07.2010 (Annexure-6) within two months from the date of receipt/production of a copy of this order considering the points raised and materials produced by both the parties by a reasoned order in accordance with law. Harish (S.N.Hussain, J.)