RANCHI INDUSTRIAL AREA DEVELOPMENT AUTHORITY Vs. M/S. FILLFURED MARKETING AND MANUFACTURING CORPORATION

JUDGEMENT

(1.) Being aggrieved by the order dated 16.1.2013 passed in W.P (C) No.7124/2012, by which learned Single allowed the writ petition quashing Annexure - 9, show cause notices of alleged violation of the terms and conditions of allotment of lease deed, the appellant, Ranchi Industrial Area Development Authority (RIADA), filed this appeal. The appellant/RIADA is a statutory body created under the Bihar Area Development Authority Act, 1974. The appellant allotted plot to various allottees for industrial purpose. The appellant alleges that instead of using the allotted land for industrial purposes, in violation of the terms and conditions of allotment order/lease deed, the allottees used the allotted land partially or fully for residential purposes, which are in clear violation of the terms and conditions of the allotment order. On 14.7.2012, vide letter no.728, the appellant issued a general notice which was published on 16.7.2012 in the newspaper, the "Prabhat Khabar", Ranchi, against 80 units calling upon them for placing their cases in writing along with evidence, if any, stating therein as to why their allotment orders be not cancelled for violation of terms and conditions.

(2.) Challenging the said notice published in the newspaper, the "Prabhat Khabar", Ranchi, some of the allottees had filed W.P (C) No.7124/2012. Learned Single Judge held that before taking any harsh penal action against the allottees/lessees, they should be put to notice specifying the alleged violation so that individual allottees may furnish their explanation. Learned Single Judge quashed the impugned notice on the ground that it is vague and ambiguous and does not stand in the eye of law.

(3.) Challenging the order passed in W.P (C) No.7124/2012, the appellantRIADA has filed this LPA. On being mentioned, with the consent of the learned counsel for the parties, other connected writ petitions, being W.P (C) Nos.5395/2012, 5496/2012, 5510/2012 and 5687/2012, were also taken and tagged with this L.P.A and the matters were heard together.