SHANKAR BHAGWAN MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned counsel for the State as also learned counsel for the respondent Adityapur Industrial Area Development Authority, (hereinafter referred to as "AIADA").

(2.) The appellant writ petitioner was allotted Plot No. A-24, II Phase, comprising an area of 45,000 sq. feet, in the industrial area of Adityapur, in the year 1976 and the registered lease deed was also executed in the year 1987, between the appellant and the respondent AIADA. The appellant claim to be engaged in the business of fabrication of auto body building, machines, fabricated items, steel furniture and repairing work etc., and the appellant also took license from the Factory Department in the year 1987. However, the allotment of the appellant was cancelled, which, the appellant had challenged in the Hon'ble Patna High Court, and the said order of cancellation was set aside by the Patna High Court.

(3.) Yet again, the Managing Director of AIADA, exercising the powers, under Section 6(2) of the Industrial Area Development Authority Act, 1974, cancelled the allotment of the appellant, vide order dated 31.3.2005, on the pretext that the appellant was not using the property for the purpose, it was allotted to him, rather he had sublet the property, in the violation of the terms and conditions of allotment. The appellant challenged the said action of the Managing Director in this Court, in W.P.(C) No. 1423 of 2007, and the Writ Court, upon adjudication of the matter, dismissed the writ application by order dated 26.7.2013, finding that the documents, which were annexed with the affidavit of the writ petitioner to show the manufacturing activities undertaken by him, did not inspire confidence that the writ petitioner had been really engaged in the professed object of fabrication of materials and manufacturing of auto body building, machines, steel furniture etc. No evidence of regular activities, showing payment of Sales Tax, Income Tax and regular transaction of such nature had been brought on record.