Patna High Court

Sarvshree Swarglok Residency through its representative Subham Pal KumarversusThe State of Bihar through Mrs. Bandana Preyeshi Secretary Department of Industries, Govt. of Bihar

Decided: 30 January 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The court held that the question of whether open plots are available cannot be addressed in a contempt case.

Summary

The petitioner, Sarvshree Swarglok Residency, applied online to the Bihar Industrial Area Development Authority (BIADA) for a plot allotment and was informed on 23‑08‑2024 that no vacant plots were available, with liberty to re‑apply later. The petitioner alleged that the authority, with malafide intent, was denying him plots while granting them to others, and sought relief in a contempt proceeding. The Patna High Court held that the issue of whether any open plots exist cannot be adjudicated within a contempt case. It directed the petitioner to challenge the BIADA’s memo (No. 766 dated 23‑08‑2024) in the appropriate forum. With these directions, the court closed the miscellaneous jurisdiction case.

Issues considered

Can the question of availability of vacant plots be decided in a contempt proceeding?
Whether the petitioner may seek relief against the BIADA’s denial of plot allotment in a forum other than the contempt proceeding?

Subjects

contempt
industrial area development authority
plot allotment
administrative law
jurisdiction
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3588 of 2024
                                                         In
                                 Civil Writ Jurisdiction Case No.5007 of 2024
                  ======================================================
                  Sarvshree Swarglok Residency through its representative Subham Pal Kumar
                  Gender-Male, aged about 22 years, S/o Om Pal Kumar, R/o Ram Chandrapur,
                  P.O.-Bihar Sharif, P.S.-Laheri, Bihar, Nalanda, Bihar-803101.

                                                                            ... ... Petitioner/s
                                                     Versus
            1.    The State of Bihar through Mrs. Bandana Preyeshi Secretary Department of
                  Industries, Govt. of Bihar Vikash Bhawan, Bailey Road, Patna.
            2.    Mrs. Bandana Preyeshi, Chairman, Bihar Industrial Area Development
                  Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
            3.    Mr. Kundan Kumar Managing Director, Bihar Industrial Area Development
                  Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
            4.    Mr. Pankaj Dixit, The Joint Managing Director, Bihar Industrial Area
                  Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan, Patna.
            5.    Mr. Chandrashekhar Singh, The Executive Director, South, Bihar Industrial
                  Area Development Authority (BIADA), Udyog Bhawan, Gandhi Maidan,
                  Patna (BIADA), Patna.
            6.    Mr. Soumya Verma, The Deputy General Manager, Patna Cluster, Bihar
                  Industrial Area Development Authority (BIADA), Bihta.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr. Harsh Kaushal, Adv.
                                                Mr. Annapurna Sinha, Adv.
                                                Mr. Sachin Kumar, Adv.
                                                Mr. Abhishek Kr. Pandey, Adv.
                                                Ms. Anjali, Adv.
                                                Ms. Samridhi Pandey, Adv.
                  For the Opposite Party/s :    Mr. Additional Advocate General 7
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                        ORAL ORDER

14   30-01-2026                     Pursuant to the directions issued by this Court in

                    C.W.J.C. No. 5007 of 2024 dated 21.06.2024, the petitioner has

                    made an online application to the respondent- BIADA for

                    allotment of plot and the petitioner has received an intimation/

                    order dated 23.08.2024 informing him that there are no vacant
             Patna High Court MJC No.3588 of 2024(14) dt.30-01-2026
                                                         2/2




                       plots available as on the date of passing of the said order and

                       petitioner has been granted liberty to file a fresh application as

                       and when the plots are available. Learned counsel submits that

                       the authority with the malafide intention are denying the

                       allotment of plots to the petitioner whereas the applications

                       made by others have been accepted and vacant plots allotted to

                       them. This Court is of the opinion that the question as to

                       whether the open plots are available or not cannot be gone into

                       in a contempt case. If the petitioner is so advised, he is free to

                       challenge the memo no. 766 dated 23.08.2024 (Annexure- B)

                       before an appropriate forum.

                                    2. With the above directions, the present M.J.C. stands

                       closed.



                                               (A. Abhishek Reddy , J)
Gauravkr/-

U

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