IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1217 of 2011 Rajesh Kumar Das . Versus The Bihar Industrial Area Deve . ----------- 4/ 24.11.2011 Heard learned counsel for the petitioner and Mr. Piyus Lal, learned counsel for BIADA. The petitioner applied for allotment of land on 01.11.2007 in Industrial Area, Bela, Darbhanga. The regional office, Darbhanga of Bihar Industrial Area Development Authority allotted plot nos. 38, 39 and 40 measuring 16117 Sq. ft. in Industrial Estate, Bela, Darbhanga for a lease period of 90 years on payment of Rs.2,15,450/-. It was stated in the allotment letter that that the cost may enhance, as a result of increased compensation for land acquisition, cost of decrees awarded, cost of land development, cost of rehabilitation and policy decision of Government. The petitioner submits that he deposited Rs.1,17,819/- in two installments, as part of price of the land. On 22.01.2008 BIADA vide letter no.208 informed the petitioner the he has further to deposit an additional amount of Rs.4,44,050/- towards cost of land / shed, failing which the allotment order would stand cancelled. The petitioner represented to the respondents for an alternative plot situated adjacent to it, as he did not require the shed existing on the land from before. The respondent BIADA, however, agreed to consider allotment of such vacant land in Industrial Area, Donar, Darbhanga, as no vacant plot existed in Industrial Area, Bela, Darbhanga. The petitioner was not 2 interested in taking land at a far off place, Donar, Darbhanga and as such did not show any enthusiasm for allotment of plot in the said area. As a consequence the BIADA vide its order dated 01.12.2010 gave ultimatum to deposit the balance amount to the tune of Rs.4,44,050/- towards the cost of shed/plot in terms of conditions stipulated in agreement, otherwise the amount deposited would stand forfeited. The petitioner submits that he was not informed in the beginning that he has to pay additionally for the existing shed and machine on the land. The petitioner submits that he does not require those structures and machines and the respondents can withdraw the same from the land and can realize the value by selling it on the open market. Mr. Piyus Lal, learned counsel appearing for BIADA, submits that allotment letter dated 06.11.2007 stated that petitioner would have to deposit the entire amount, as one time payment within 15 days of the date of allotment letter as well as evaluated cost of any pre existing structure and machinery. Learned counsel submits that as per Clause 17 of the allotment letter, a allottee is obliged to deposit the cost of any pre existing structure and machinery, which was valued at Rs.4,44,000/- and odd. Learned counsel submits that the petitioner should reply to letter dated 01.12.2010, issued by Executive Director, BIADA instead of moving this Court in writ jurisdiction. Counsel submits that the petitioner ought to have disclosed about Clause 3 17 of agreement in writ application. I am in agreement with the submission of learned counsel for BIADA and dispose of this writ application with a liberty to the petitioner to file reply to letter dated 01.12.2010, issued by Executive Director, BIADA. This application is, accordingly, disposed of in the aforesaid terms. Uday/ (Samarendra Pratap Singh, J.)