GEETA WEIGH BRIDGE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant intra-court appeal is under Clause 10 of the Letters Patent directed against the order/judgment dated 12.09.2019 passed in W.P.(C) No. 2553 of 2010 by learned Single Judge of this Court whereby and whereunder the order impugned dated 29.03.2010, passed by Respondent No.2 Secretary, Department of Industries, Government of Jharkhand, has been declined to be interfered with by which the appeal preferred by the writ petitioner being Appeal No. 5 of 2009 challenging the order of cancellation dated 29.07.2008 passed by the Respondent No.3 Adityapur Industrial Area Development Authority, in short AIADA, as also refusing to interfere with the order dated 29.07.2008 passed by the Respondent No.3 by which the allotment of Plot No. 12(P), 5th Phase, Industrial Area, Adityapur measuring 7,500 sq. ft. in favour of M/s. Geeta Weigh Bridge was cancelled and the amount deposited towards the cost of land has been forfeited.

(2.) The brief facts of the case which require to be enumerated and which are proper for the lis, read hereunder as :-

(3.) While on the other hand, the case of respondent AIADA as has been agitated by way of counter affidavit filed before the writ court is that the question of maintainability of writ petition itself was raised on the ground that the writ petition was filed by M/s. Geeta Weigh Bridge through its partner Sri Ashish Agarwal and according to respondent AIADA since Sri Ashish Agarwal is not the allottee of the plot in question, rather the plot was allotted in favour of Smt. Geeta Devi as the Proprietor of the firm, wife of Sri Amod Prasad Ram, Proprietor of M/s. Geeta Weigh Bridre, on 13.03.1997 and, therefore, Sri Ashish Agarwal through whom the writ petition was filed was having no locus standi to file the writ petition.