MAA DURGA ENTERPRISES Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present case is illustrative of how responsible Officers abuse their power indiscriminately to the detriment of the rights of citizens. The petitioner is a proprietorship firm, which was running cold storage for storing potatoes/potatoes seeds. Its cold storage was allegedly arbitrarily sealed by the authorities of Bihar Industrial Area Development Authority (hereinafter referred to as "BIADA") and later realizing that the sealing would result in the stocks of potato to rot unsealed it, which was too late and which damage has left the petitioner to face large number of compensation applications lodged against the petitioner before the District Consumer Forum, Madhubani running into several lakh of rupees. BIADA defends its action and notwithstanding large number of cases filed against the petitioner, as well as, admission of its own Officers, denies any loss and seeks to cover it up for obvious fear of being held liable to compensate the petitioner and it is for these reliefs the writ petition ultimately came to be heard for.

(2.) ORIGINALLY , the writ petition was filed against letter dated 30.10.2007 of the Executive Director BIADA at Patna issued pursuant to telephonic direction of its Managing Director, to the Development Officers of BIADA in the Regional Office at Darbhanga. By this letter or telephonic instructions of the Managing Director of BIADA the Development Officers were directed to immediately lock and seal the cold storage of Bihar State Cooperative Marketing Union Limited (hereinafter referred to as "BISCOMAUN"), which was being operated for allegedly non -industrial purposes and was being operated by another (Petitioner) without prior permission of BIADA. This was followed by posting of guards of BIADA at the cold storage premises, on 2.11.2007, restraining operation of the cold storage. Apprehending that potatoes would rot if the petitioner was not permitted to operate the cold storage and deliver potatoes to the farmers and that BIADA may lock and seal the premises, the writ application was filed. Subsequently, interlocutory application has been filed bringing further facts on record. It is now stated that while writ application was being filed, on 4.11.2007 the cold storage was formally locked and sealed by Officers of BIADA with the help of Executive Magistrate and police, in spite of protest on behalf of petitioner with 10,000 bags of potatoes/potatoes seeds weighing 50 Kgs. each totalling to about 5000 quintals. On behalf of petitioner on 5.11.2007 protest was lodged before the Managing Director of BIADA at Patna, clearly stating that Potatoes would get destroyed. Pursuant thereto, on 6.11.2007 the Executive Director (pursuant to whose intimation that the cold storage had been locked and sealed) directed the Development Officer, Regional Office at Darbhanga of BIADA to immediately open the cold storage otherwise potatoes and other things stored therein would start rotting. Pursuant to this on 7.11.2007 the Officers of BIADA came alongwith Executive Magistrate and others and unsealed the premises, clearly stating that they had sealed the premises in presence of. Executive Magistrate, on 4.11.2007 and now on 7.11.2007 they in presence of Executive Magistrate unsealed the same. In the said document prepared they also noted that there were about 10,000 bags of potatoes/potatoes seeds in the cold storage now in rotting condition. The said report was signed on behalf of petitioner and by two Officers of BIADA. In the meantime, the report of sealing as sent by the Development Officer of BIADA to BIADA Head Office at Patna dated 4.11.2007 is also on record. This also estimates that there were about 10,000 bags of potatoes out of which 8,000 bags were in the chamber and about 2000 bags outside the chamber. It is then pointed out that on 26.11.2007 at the instance of BIADA a first information report was lodged with Sakari Police Station, which on the same day was forwarded to Pandaul (Sakari Police Station) and Case No. 314 dated 26.11.2007 was registered. This F.I.R. was registered on basis of a purported letter dated 7.11.2007, inter alia, stating that when the authorities of BIADA went to unseal the cold storage premises, representatives of petitioner alongwith antisocial elements got unsealing report forcibly drawn up showing that there were 10,000/ - bags of potatoes, which were found to be rotting on unsealing.

(3.) THEN , on record is brought, a show cause issued by BIADA to BISCOMAUN dated 20.7.2007 asking BISCOMAUN to respond why its lease for the lands be not cancelled for non -industrial use and subleasing.