STATE OF RAJASTHAN Vs. PHOOL CHAND AND ORS.

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) In this appeal challenge is to the judgment of Division Bench of Allahabad High Court allowing the writ petition filed by respondent No. 1. In the writ petition challenge was to the impugned orders dated 6/1/2000, 15/4/2000 and 16/7/1999 passed by the respondent No. 2, Regional Manager, U.P. State Industrial Development Corporation, Ghaziabad (in short "Corporation" ). There was further prayer for writ of mandamus directing the Corporation to approve the building expansion plan submitted by the writ petitioner without insisting upon the payment of transfer charges.

(3.) The High Court was of the view that there was merely change of name and there was no change in the corporate structure and therefore the demand as made has no legal basis. Learned Counsel for the appellant submitted that the High Court has proceeded on factually erroneous premises. It proceeded on the basis as if there was any agreement between the Corporation and the present respondent No. 1. It is pointed out that on 20.8.1973 a plot No. 37-A was reserved and allotted to in the name of Sh. O.P.Wadhwa. A lease deed was executed on 22/10/1974 between the Corporation as lessor and M/s. Wadco Tools Private Limited. One Kailash C. Wadhwa, Director of Private Limited Company signed the lease deed. Thereafter, 25% of the Paid up Share Capital of Wadco Tools Private Limited was allotted to M/s. Stern Wanner Corporation, U.S.A. and the Private Company Limited was converted in a Public Limited Company , i.e. Wadco Tools Limited.