Patna High Court
M/s Naturals Dairy (P) Ltd.versusThe State of Bihar through the Principal Secretary Department of Industries Government of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court granted a further three‑month extension to complete the factory, with no further extensions permitted.
Summary
M/s Naturals Dairy (P) Ltd. filed a Miscellaneous Jurisdiction Case seeking modification of a February 2025 order that gave it one year to complete its factory in a Bihar industrial area. The petitioner claimed logistical and financial difficulties prevented compliance within the stipulated period and requested an additional three months. The respondent, Bihar Industrial Area Development Authority (BIADA), opposed any further extension, noting the original period was already sufficient. The Court observed that the petitioner had completed a major portion of the construction and, considering the circumstances, granted a further three‑month extension from 25‑02‑2026, emphasizing that no further time would be allowed. The Court ordered that failure to complete the factory and commence production within this extension would attract consequences, and the petition was thereafter closed.
Issues considered
- Whether the petitioner is entitled to an extension of time beyond the one‑year period previously granted for completion of the factory
- Whether the Court may modify its earlier order granting time for completion of the industrial project
Subjects
- extension of time
- modification of order
- industrial development authority
- factory completion
- writ jurisdiction
- miscellaneous jurisdiction case
- industrial area
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.166 of 2026
In
Civil Writ Jurisdiction Case No.12138 of 2023
======================================================
M/s Naturals Dairy (P) Ltd. a company registered under the Companies Act,
1956 having its registered office at Plot No.-NS-11, Patliputra Industrial Area,
1st Plot at BIADA Gate No. 5, Town and District-Patna through its authorized
representative Sri Hemant Kumar Das son of Late Sri Awadhesh Kumar Das,
aged about 57 years, Gender-Male, Resident of 504, White House, Block-A,
Budha Marg, P.S. Kotwali, Town and District-Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Industries
Government of Bihar Patna.
2. The Principal Secretary, Department of Industries, Government of Bihar,
Patna.
3. The Development Commissioner, Department of Industries, Government of
Bihar, Patna.
4. Bihar Industrial Area Development Authority (BIADA), through its
Managing Director, 1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna.
5. The Managing Director, Bihar Industrial Area Development Authority
(BIADA), 1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna.
6. The Deputy Managing Director, Bihar Industrial Area Development
Authority (BIADA), Motipur Circle, Muzaffarpur.
7. The Assistant Regional Director, Industrial Area, Panapur, Motipur,
Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nikhil Kumar Agrawal, Advocate.
For the Opposite Party/s : Mr. Vikash Kumar, SC 11.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
3 25-02-2026 Heard the learned counsel appearing on behalf of the
petitioner and the learned counsel appearing on behalf of the
Respondent-BIADA.
2. The present MJC has been filed seeking
modification of the order dated 20.02.2025 passed in CWJC No.
Patna High Court MJC No.166 of 2026(3) dt.25-02-2026
2/3
12138 of 2023.
3. Learned counsel appearing on behalf of the
petitioner submits that due to unavoidable reasons the order
passed by this Court in CWJC No. 12138 of 2023 dated
20.02.2025 could not be complied within the time stipulated by
this Court. Learned counsel submits that this Court has granted
one year time for completing the factory/industry from the date
of the order i.e. one year from 20.02.2025. Learned counsel
submits that due some unavoidable logistical problems and
financial constraints, the petitioner could not complete the
factory/industry within time and seeks further period of three
months for completing the building in all respects.
4. Learned counsel appearing on behalf of the
Opposite Party-BIADA has vehemently opposed the granting of
any extension of time to the petitioner. Learned counsel submits
that at the time of passing the order in CWJC No. 12138 of
2023, this Court duly taking into consideration all the relevant
facts has granted sufficient period of nearly one year to
complete the building but the petitioner has failed to do so.
5. Having regard to the fact that the petitioner has
already completed major portion of the constructions and only
some work remains to be completed. The present MJC filed
Patna High Court MJC No.166 of 2026(3) dt.25-02-2026
3/3
seeking modification of the order dated 20.02.2025 passed in
CWJC No. 12138 of 2023 cannot be rejected solely on the
ground that the petitioner has not completed the work within the
stipulated period of approximately one year. This Court deems it
fit to grant a further period of three months from 25.02.2026 to
enable the petitioner to complete the factory/industry and
commence the production. It is made clear that no further time
will be granted and in case the petitioner does not complete the
factory/industry and commences the production as directed by
this Court, the necessary consequences will follow.
6. Accordingly, the present MJC stands closed.
(A. Abhishek Reddy, J)
shakir/-
U
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