Adhunik Power and Natural Resources v. Adityapur Industrial Area Development Authority
2010-09-21
R.K.MERATHIA
body2010
DigiLaw.ai
JUDGMENT R.K. Merathia, J. I.A. No. 2982 of 2010: 1. Heard. 2. This interlocutory application for the amendment of the petition will form part of the main petition. W.P.(C) No. 3743 of 2010: 3. Mr. Rajiv Ranjan, learned Counsel appearing for AIADA submitted that if AIADA has not appeared before D.R.T. II, Mumbai in the case instituted by the Dena Bank against predecessor in interest of the petitioner, AIADA will appear and cooperate in early disposal of the proceeding. 4. AIADA is directed to do so. 5. He further submitted that in view of the disputed facts involved, the proper remedy of the petitioner is to file appeal against the order dated 10.5.2006 (annexure 3) cancelling the allotment made in the favour of the predecessor in interest of the petitioner under Section 6(2)(a) of the Bihar/Jharkhand Industrial Area Development Authority Act, 1974 before the Secretary of the department of Industries. 6. On this Mr. Indrajit Sinha, learned Counsel appearing for the petitioner submitted that though petitioner is not required to file appeal in view of the fact that he purchased the land in sale by respondent No. 5, however, he will advise his client to file appeal, but the delay may be condoned and status quo as on today should be maintained till orders on interim prayer is passed by the appellate authority. 7. In the circumstances, petitioner should file appeal along with the petition for condonation of delay and interim relief after serving copy of the same on the learned Counsel appearing for the AIADA in this Court by 25th October 2010, on which date the petitioner and AIADA will appear, before the appellate authority. It is expected that the delay in filing the appeal will be condoned. The appellate authority should pass order on the interim prayer by 12th November 2010. The appeal will be heard on merits. The parties will cooperate in early disposal of the same. The appellate authority will also try to dispose of the same expeditiously. Till 12th of November 2010, the parties are directed to maintain status quo as on today. 8. It is made clear that this Court has not gone into the merits of the respective cases of the parties.. 9. With these observations and directions, this writ petition is disposed of. The I. As. also stand disposed of.