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Judgment
Date : 10-08-2026
The Writ petition has been filed for the following reliefs:
I. Issuance of Writ or Writ in the nature of Certiorari or Order /direction in the nature of Certiorari to quash and set aside the Speaking Order issued vide Memo No. 362 dt. 02.11.2022 (Annexure-P/10 Series) passed by the Respondent No. 8 whereby the Speaking Order dt. 02.11.2022 has been passed without giving the Opportunity of Hearing to the Petitioner and also without Considering the Representation dt. 03.08.2022 (Annexure Series) and also without considering the judicial direction given by this Hon'ble High Court vide Order dt. 13.07.2022 passed in C.W.J.C. No. 18792 of 2021 (Annexure - P/7). P/8
II. Issuance of Writ in the nature of Mandamus directing the Respondents especially Respondent No. 8 to consider the Representation dt. 03.08.2022 (Annexure - P/8 Series) in the light of judicial direction given by the Hon'ble High Court vide Order dt. 13.07.2022 passed in C.W.J.C. No. 18792 of 2021 and further direct to provide all the necessary documents / information regarding the said Plot (3.57 Acres) and further direct the Respondents to complete all the formalities as per Tender Notice dt 30.07.2021 in favour of the Petitioner as the Petitioner was the highest bidder of the said Plot.
III. Issuance of Writ in the nature of Mandamus directing the Respondents to either execute the Sale Offer or to return the Earnest Money with interest as the latches is on the part of respondents.
IV. For issuance of direction to stay the process of the Speaking Order issued vide Memo No. 362 dt. 02.11.2022 (Annexure P/10 Series) issued by Respondent No. - 8 till the final adjudication of the present Writ Petition.
V. Issuance of such other order/ orders, direction/ directions, relief/reliefs to which the petitioner may found entitled to be passed as your Lordships may deem fit and proper in the facts and circumstances of the case and in the interest of justice.
The brief facts, as culled out from the Writ petition, are that the petitioner had previously approached this Court by way of CWJC No. 18792 of 2021 seeking the following reliefs:
"1.Issuance of Writ or Writ in the nature of Certiorari or Order/direction in the nature of Certiorari to quash and set aside the Letter vide Ref No.-Recovery/RZ-1/74/408 dt. 29.09.2021 (Annexure-5) whereby and whereunder the Respondent No.9 has taken a decision in an arbitrary manner and cancelled the Sale Offer without considering the Representation of the Petitioner and without giving Opportunity of Hearing/Reply.
ii.Issuance of Writ in the nature of Mandamus directing the Respondents to provide all the necessary documents regarding the said Plot (3.57 Acres) and further direct the Respondents to complete all the formalities as per Tender Notice dt. 30.07.2021 in favour of the Petitioner as the Petitioner was the highest bidder of the said Plot.
lii. Issuance of Writ in the nature of Mandamus directing the Respondents to either execute the Sale Offer or to return the Earnest Money with interest as the latches is on the part of respondents.
iv.For issuance of direction to stay the process of the Letter vide Ref No.- Recovery/RZ-1/74/408 dt. 29.09.2021 (Annexure-5) issued by Respondent No.-9 by which the Sale Offer has been cancelled till the final adjudication of the present Writ Petition.
V. issuance of such other order/orders, direction/directions, relief/reliefs to which the petitioner may found entitled to be passed as your Lordships may deem fit and proper in the facts and circumstances of the case and in the interest of justice.'
The Co-ordinate Bench of this Court, after considering the matter, disposed of CWJC No. 18792 of 2021 dated 13.07.2022 with the following terms:
(a)Petitioner shall approach respondent No.8, namely, the Managing Director, Bihar State Credit and Investment Corporation Ltd., (Government of Bihar Undertaking), Indira Bhawan (4th Floor), Ram Charita Singh Path, Patna within a period of four weeks from today by filing a representation for redressal of the grievance(s);
(b)The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three inonths from the date of its filing along with a copy of this order;
(c)Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties;
(d)Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;
(e)We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch;
(1)Liberty reserved to the petitioner to approach the Court, should the need so arise subsequently on the same and subsequent cause of action;
(g)We have not expressed any opinion on merits. All issues are left open;
(h)The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.
Pursuant to the order dated 13.07.2022 passed by a Co-ordinate Bench of this Court in CWJC No. 18792 of 2021, the petitioner has filed a detailed representation before the Managing Director, BICICO (Bihar State Credit & Investment Corporation Ltd.). Further, the Managing Director passed the order dated 02.11.2022 vide Memo No. 362. Being aggrieved by the same, the present Writ petition has been filed.
Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents and perused the materials available on record.
On perusal of the impugned order dated 02.11.2022, it can be construed that, the orders and directions of this Court have been strictly complied in true spirit. The impugned order does not disclose that an opportunity of hearing was afforded to the parties. The order passed by this Court in CWJC No. 18792 of 2021 clearly stipulates that the principles of natural justice were to be followed by the Managing Director, BICICO, and due opportunity of hearing was to be afforded to the parties.
As the impugned order does not disclose that an opportunity of hearing was afforded to the petitioners before passing such order, this Court is of the opinion that it is a fit case to quash the order dated 02.11.2022 passed by the Managing Director, BICICO, as the same has not been passed strictly in compliance with the order of this Court. Further, the Managing Director, BICICO, is directed to give an opportunity of hearing to the parties and thereafter pass an appropriate speaking and reasoned order within three months from the date of receipt of this order.
It is needless to say that this Court has expressed no opinion on the merits or demerits of the case, except to the extent that the opportunity of hearing was not given to the parties.
With the aforesaid observations, the Writ petition stands disposed of.