MS MAHADEW METAL PVT LTD THROUGH ITS DIRECTOR ROHIT SINHA v. THE STATE OF JHARKHAND
WPC/1587/2020 · 2026-09-03
Sri Ananda Sen
Civil Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 25223 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 25223 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:26760 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1587 of 2020 ------ M/s Mahadew Metal Pvt. Ltd., registered office situated at House No.63, Gandhi Nagar, Patna and Factory situated at industrial Plot No.43, Industrial Area Gamharia, Adityapur, through its Director Rohit Sinha, son of Surendra Kumar Sinha, presently residing at 64, Gandhi Nagar, Boring Road, Patna, Post GPO, District Patna. … … Petitioner Versus
1. The State of Jharkhand.
2. The Secretary, Department of Industries, Government of Jharkhand, officiating from the office of Secretary, Department of Industries, Post Dhurwa, Police Station Dhurwa, District Ranchi.
3. Jharkhand Industrial Area Development Authority, Adityapur Regional Office, situated at Adityapur, Post and Police Station Adityapur, District Seraikella-Kharsawan.
4. The Regional Director, Adityapur Region, officiating from the office of Regional Director, JIADA Bhawan, Adityapur, Post and Police Station Adityapur, District Seraikella-Kharsawan. … … Respondents ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ravi Kumar Singh, Advocate
For the Respondent(s) : Mr. Ajit Kumar, AC to GP-V
Mr. Ram Chandra Prasad Sah,
Advocate
Mr. C.A. Bardhan, Advocate ------
09/ 03.09.2026
By filing this Writ Petition, the petitioner has prayed for the following reliefs:-
"for issuance of a writ/rule/direction especially a writ in the nature of certiorari to quash the order dated 2.3.2020 passed by the respondent no.2 in Appeal no.1 of 2020 and the petitioner also prays for setting aside the order contained in memo no.1863 dated 21.10.2009, whereby and where under the allotment
order and lease Deed of Plot No.M-43 admeasuring 45,000/- Sq. ft. situated at Adityapur Industrial Area, executed in favour of the present petitioner has been cancelled. The petitioner also prays for a direction on respondents to produce original official file of the present matter before this Hon'ble Court. And the petitioner further prays for any other order/orders,
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relief/reliefs to which he may be found entitled to in peculiar facts and circumstances of this case."
2.
Heard learned counsel representing the petitioner and
learned counsel representing the respondents. 3. Pursuant to an application made by the petitioner - Company, the petitioner - Company was allotted 45,000, sq. feet of land bearing Plot No.M-43, Phase No.4th Phase, in Adityapur Industrial Area, on lease on several terms and conditions, by the Adityapur Industrial Area Development Authority, Adityapur, Jamshedpur (AIADA), vide Land Allotment Order No.1623/ADA dated 25.09.1996, and physical possession of the said land was given to the petitioner - Company on 08.11.1996. 3.1. However, the respondent - AIADA vide its order as contained in Memo No.1863 dated 21.10.2009, had annulled Allotment Order / Lease Deed. 3.2. Being aggrieved by the aforesaid annulment of the Allotment Order / Lease Deed, the petitioner - Company moved in Appeal bearing Appeal No.01/2020, which was dismissed by the Secretary, Department of Industries, Government of Jharkhand, vide order as contained in Memo No.39/SC/Ranchi, dated
02.03.2020. 3.3. The petitioner – Company is impugning the order dated 21.10.2009 and also the Appellate Order dated 02.03.2020, in this writ petition. 4. This Court vide its order dated 21.04.2026, directed the Jharkhand Industrial Area Development Authority (JIADA), to file an affidavit indicating therein the status of the petitioner's Unit as on date and to also inform about its functioning and also about the materials being used in manufacturing. This Court also directed the petitioner to file a copy of the GST Returns and the Electricity Bills for the last two years. 5. Pursuant to the aforesaid direction, the petitioner - Company has filed the GST Returns, electricity bills etc., with the Supplementary Affidavit and the respondents also submitted the report. 2026:JHHC:26760 3
6. I have gone through the records of this case in-toto. 6.1. From the cancellation order dated 21.10.2009 along with several letters and notices issued to the petitioner-Company (Annexure-7 to the writ petition), this Court finds that the respondent - AIADA had cancelled the Allotment Order / Lease Deed of the petitioner - Company, after giving several opportunities of hearing, on the ground that the land which was allotted to the petitioner - Company was found to be in an abandoned condition and the same was also encroached upon by some anti-social elements by opening cattle sheds. This means that the petitioner- Company is not using the land for industrial purpose. 6.2.
The GST Returns Certificate, electricity bill etc., filed by the petitioner-Company by way of Supplementary Affidavit, reveal that the petitioner-Company is not doing any production, as the GST Returns except for the period May, 2023-24 & June, 2023-24 and April, 2026-27 are showing zero i.e. for the period January, 2024- 25 to December, 2024-25 and January, 2025-26 to December, 2025-26, which are evident from Annexure-13 (page Nos.18 to 98) to the Supplementary Affidavit. Further the meter reading of the electricity (Annexure-12 to the Supplementary Affidavit), consumed by the petitioner-Company is showing less consumption of electricity, which cannot at least be expected from the petitioner- Company, who has been allotted 45,000 sq. feet of land for industrial activity. 6.3. Further, the petitioner-Company challenged the aforesaid cancellation of the Allotment Order / Lease Deed, after eleven years, by filing an Appeal being Appeal No.01/2020. The said Appeal stood rejected by the Appellate Authority vide order dated 02.03.2020 on the ground of not starting industrial activity on the allotted plot of land and not adhering with the Agreement of the Lease Deed. The Appellate Court also rejected the prayer for condonation of delay. 7. Considering the aforesaid aspects and in view of the meagre progress of work and output given by the petitioner- Company in terms of the Agreement and the fact that the Appeal of
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the petitioner-Company was dismissed by the Appellate Authority while taking note of one of the grounds for annulment of Allotment
Order / Lease Deed, as encroachment on the allotted land by some anti-social elements by opening cattle sheds, I find no infirmity in the impugned orders.
8.
Accordingly, this writ petition stands dismissed.
(ANANDA SEN, J.) 03rd September, 2026 Prashant. Cp-2
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