- 1 - IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1989 of 2006 1. M/S Bhartiya Exports & Tradings Pvt. Ltd. Charkothia „D‟, S.P. Verma Road, Patna through Prabhat Kumar, Director 2. Prabhat Kumar, Director, M/S Bhartiya Exports & Tradings Pvt. Ltd. Charkothia „D‟, S.P. Verma Road, Patna … Petitioners Versus 1. State Of Bihar 2. Industrial Development Commissioner cum Secretary, Industries, Govt. of Bihar, Patna 3. Bihar Industrial Area Development Authority, through its Chairman, Udyog Bhawan, East Gandhi Maidan, Patna 4. Bihar State Pharmaceutical and Chemical Development Corporation Ltd., 5th Floor, „A‟ Block, Maurya Lok Complex, New Dak Bunglow Road, Patna through its Chairman 5. Board of Directors, Bihar Industrial Area Development Authority, Patna through its Chairman, Udyog Bhawan, East Gandhi Maidan, Patna 6. Executive Director, Bihar Industrial Area Development Authority, Hazipur, Branch Office, Hazipur ….. … Respondents For the Petitioners :Mr. Manik Ved Sen, Advocate For the BIADA :Mr. Lalit Kishore, Senior Advocate For the BSPCDS :Mr. Bipin Bihari Singh, Advocate 05/ 14.03.2011 In compliance of my order dated 25.2.2011, counsel for the Bihar Industrial Area Development Authority (hereinafter referred to as “the BIADA”) has produced the dispatch register indicating dispatch of Annexure-E/2 under registered post. Counsel, however, admits that Annexure-B was dispatched only through ordinary post. 2. Heard learned counsel for the parties. 3. Petitioner- unit was recommended for allotment - 2 - of land for raising an industrial unit by the Bihar State Pharmaceutical and Chemical Development Corporation Ltd. (hereinafter referred to as “the Corporation”). Allotment of the land was to be made by the North Bihar Industrial Area Development Authority. At the relevant time, Industrial Development Commissioner, Bihar, Patna was the Chairman of the Corporation. His recommendation in this regard is contained in letter dated 15.4.1999, Annexure-3, whereafter the unit was also provided a registration number by the North Bihar Industrial Area Development Authority under letter dated 11.10.1999, Annexure-6. In the light of the aforesaid instructions, petitioner-unit deposited about ` 14 lacs with the Corporation. The unit in question was never established whereafter notices were issued proposing cancellation of recommendation/ allotment. Such notice is dated 10.6.2000, Annexure-7, in response whereto petitioner- unit requested for further time to establish the unit under letter dated 28.7.2000, Annexure-8. Petitioner-unit, however, came to learn about the cancellation of allotment of the land when they visited the site whereafter submitted representation dated 14.8.2004 and 1.11.2004, Annexures-10 and 12. The - 3 - request of the petitioner-unit contained in the aforesaid two representations was considered by the Board of Directors of the BIADA under resolution dated 22.3.2005, which was communicated to the petitioner-unit by the Executive Director under letter no. 45 dated 21.4.2005, Annexure-13 with instructions that if aggrieved by such rejection, petitioner-unit may avail remedy of appeal. Petitioner- unit challenged the decision of the Board of Directors of the BIADA dated 22.3.2005 before the Appellate Authority vide appeal dated 4.6.2005, Annexure-14, which has been rejected by the Industrial Development Commissioner, Bihar, Patna under orders dated 14.10.2005 communicated to the petitioner-unit under letter no. 4629 dated 14.12.2005, Annexure-18. 4. It is submitted on behalf of the petitioner-unit that at the relevant time, the Appellate Authority empowered to consider the appeal against the decision of the Board of Directors of the BIADA was the Minister-in- charge of the Industries Department of the Government, but the memo of appeal was considered and rejected by the Industrial Development Commissioner, Bihar, Patna under orders dated 14.10.2005, who was not competent to do so. - 4 - Counsel for the petitioner-unit, however, concedes that presently the Appellate Authority against the order passed by the Board of Directors is the Industrial Development Commissioner, Bihar, Patna and desires that memo of appeal dated 4.6.2005, Annexure-14 be reconsidered by the Industrial Development Commissioner, Bihar, Patna for the purposes of refund of the amount of ` 14 lacs in the light of the instructions of the Industrial Development Commissioner, Bihar, Patna contained in letter dated 15.4.1999, Annexure-3 as also the fact that at the relevant time the administrative department controlling the affairs of the North Bihar Industrial Area Development Authority was the Industries Department of the State Government headed by the Industrial Development Commissioner, Bihar, Patna himself. 5. Counsel for the BIADA states that the petitioner- unit may be entitled for refund of the deposited amount from the Corporation or the State as the amount has been deposited under the instructions of the Industrial Development Commissioner contained in letter dated 15.4.1999, Annexure-3 and the copy of the proposed agreement was also forwarded to him by the Corporation for - 5 - approval under letter dated 28.5.1999, Annexure-5. 6. Having heard counsel for the parties, I dispose of the writ petition directing the Industrial Commissioner, Bihar, Patna to consider the memo of appeal dated 4.6.2005, Annexure-14 for the purposes of granting refund of the amount deposited by the petitioner with the Corporation for allotment of land by the BIADA, as early as possible, in any case within two months from the date of receipt/ production of a copy of this order. Arjun/ (V.N. Sinha, J.)