MS MAHADEW METAL PVT LTD THROUGH ITS DIRECTOR ROHIT SINHA vs THE STATE OF JHARKHAND
- Court
- Jharkhand High Court
2026:JHHC:26760
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.1587 of 2020
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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
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CORAM : SRI ANANDA SEN, J.
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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
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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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2026:JHHC:26760
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.
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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
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