CENTURY FOAM INDUSTRIES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AGGRIEVED by orders dated 17.09.2013 and 24.01.2014 contained in Memo dated 27.1.2014, the petitioner has approached this Court.

(2.) THE learned counsel for the petitioner has submitted that without going into the factual matrix of the case, the writ petition deserves to be allowed on the ground that the petitioner has been rendered remediless in view of order passed on 24.01.2014. Assailing the said order dated 24.01.2014, the learned counsel for the petitioner has submitted that a bare perusal of the said order discloses that without hearing the petitioner, the said order has been passed. The petitioner would not have any grievance in so far as, the Secretary to the Government has declined to hear the appeal however, by directing the petitioner to approach the higher form, the impugned order dated 24.01.2014 has taken away the statutory right conferred to the petitioner under Section 6 (2a) of the Bihar Industrial Area Development Authority Act, 1974. The learned counsel for the petitioner has relied on a judgment A R Antulay v. R S Nayak, 1988 2 SCC 602.

(3.) PER contra, the learned Senior counsel appearing for the respondent no. 3 has submitted that vide order dated 17.09.2013, it has been held that the petitioner has no locus standi to agitate the issue of cancellation of the allotment and therefore, even if the appeal preferred by the petitioner has been closed the petitioner has not suffered any irreparable loss and injury. It is further submitted that a liberty has been given to the petitioner vide order dated 24.01.2014 to approach the higher forum and therefore, it was open to the petitioner to avail remedy as available to him in law.