That it is stated that vide Letter No. 1497 dated 08.12.

2018 the Development Officer, BIADA

Regional Office, Muzaffarpur asked the petitioner to pay dues of BIADA and start of
production. The appellant vide 18.01.2019 informed Letter dated his Development Officer
that his father was diagnosed 3rd stage of Cancer and he has to spend a lot of money and
time for his treatment because of which he could not pay the dues of BIADA in time. He also
informed that production of RO system in his unit is going on because of winter season the
production is slow and it will gain momentum after the winter season.
A True/ Photocopy of Letter
dated
18.01.2018 along with
reply is being annexed
herewith and marked
as Annexure - 2 to this Memo of Appeal.
Pg-21/22

That it is stated that in order to overcome his financial hardship the appellant decided to
transfer half of his allotted land to some other entrepreneur and for this he decided to
transfer his half of the allotted land to M/s. Soycorn Feeds Pvt. Ltd. and for this, he gave the
proper application to the BIADA authority. The BIADA authority asked the appellant to clear
all the dues of BIADA then only the transfer application of the petitioner would be
considered. The appellant complied the order of BIADA authorities and paid about Rs.
36,05,671/- after which vide Letter No. 228 dated 22.02.2021 a "No Dues Certificate" was
issued.

A True/ Photocopy of Letter No. 228 dated 22.02.2021 is being

дес
26th Dec
2021
12.
annexed herewith and
marked as Annexure -
3_to_this Memo of Per 23 Appeal.

That it is stated that after the payment of admitted dues and unit being in
operational/running mode the Executive Director vide his letter bearing Memo
No. 1066 dated 25.08.2021 allowed the appellant's transfer application and
allotted the 21,780 Sq.Ft to M/s. Soycorn Feeds Pvt. Ltd.

A True/ Photocopy of Memo No. 1066 dated 25.08.2021 is being annexed herewith and
marked as Annexure
4 to this Memo of Appeal.
That it is stated that after the transfer of half of his allotted plot the appellant
whole heartedly involved himself in re-building his industrial unit but
misfortune again fallen on appellant. The boiler of the adjacent unit of M/s.
Ansul Snacks & Beverages Pvt. Ltd. was burst out in December, 2021 causing
enormous damage to the building and machinery of the appellant.

A
Photocopy of
photographs
of
appellant unit caused
Pg 24/25

by the boiler burst is

being
annexed
26 herewith and marked
as Annexure
-
5 to
this Memo of Appeal.

That it is stated that the petitioner being devastated by such misfortune asked
the BIADA to help him with compensation. He also asked the proprietor of M/s.
Ansul Snacks & Beverages Pvt. Ltd. to give compensation for the damaged
building and machinery. When nothing happened then appellant sent a legal
notice on 14.07.2022 to M/s. Ansul Snacks & Beverages Pvt. Ltd.

A True/ Photocopy of legal notice dated 14.07.2022 is being annexed herewith and marked
as Annexure
-
6 to this Memo of Appeal.
entrepreneur
of

That it is stated that appellant's unit was in a running mode since its inception
and was running to its full capacity as appellant is a prestigious, successful and
prominent Muzaffarpur. The Appellant has never deceived the Respondent
BIADA and never ever intended to deceive the Respondent BIADA and mis-
utilised the industrial resources. But due to the circumstances beyond the control of
the appellant which led to the heavy damage to the building and machinery of the appellant's
unit, it has stopped functioning for time being due to the second catastrophic COVID-19
phase pandemic has swept the entire world and the whole world is engulfed in an
unprecedented consequential lockdown heading to the stagnation of the business nightmare
of the appellant.

That it is further stated that in the meantime when the petitioner was trying hard
to start its business again expeditiously in a running mode which had again
become fast-tracked in a swift manner the allotment was cancelled vide Memo
No. 1500 dated 19.11.2022 in a most arbitrary, mechanical and perfunctory
manner without giving the proper show-cause before the cancellation which is
not sustainable in the eyes of law and is fit to be set aside by this Hon'ble Court.
The cancellation order was passed in complete violation of the provisions of the
BIADA Act, 1974, principles of natural justice, equity and against all canons of
justice and fair play. The petitioner has never received any letter issued by the
respondent BIADA before the cancellation of the allotment of his unit. The
proper show-cause which is mandatory before the cancellation as per BIADA
Act, 1974 was also never ever served to the petitioner.

A True/photocopy of
Memo No. 1500 dated