ABDULSALAM SULTANSAB ATTAR Vs. DEVELOPMENT OFFICER

JUDGEMENT

(1.) Heard both the counsel.

(2.) This appeal is preferred against the order passed in W.P.No.65060/2012 dated 13.10.2015 rejecting the writ petition of the appellants herein.

(3.) The brief factual matrix of the case are that, a person by name Abdulsalam Sultansab Attar who is none other than the husband of the 1st appellant and father of appellant Nos.2 and 3, made an application for grant of lease-cum-allotment of an industrial plot for the purpose of establishing a factory in the name and style of M/s Mehar Agro Processing and Food Exports. After due consideration of the said representation, the parties have entered into a lease-cum-sale agreement on 26.06.2008 for a period of eleven years, with a rider that the said lessee has to construct a building for the purpose of establishing the said unit and start the production in the unit within 24 months from the date of said lease. Unfortunately, the said Abdulsalam Sultansab Attar after the said lease agreement died on 02.11.2008 within the said stipulated period of 24 months. Ofcourse, from the date of death of the said person, the appellants ought to have made an application for continuation of the said lease in their name within three months from the date of death of the said person, but they have made such a representation through their power of attorney holder on 10.08.2010 after lapse of more than two years. Considering the said representation made by the power of attorney holder of the legal representatives of original lessee, the respondents have refused to transfer the said lease-cum-sale agreement in favour of legal representatives of the original lessee on the ground that the conditions of the said lease deed was violated and that their application was belated and as well the power of attorney holder cannot claim such relief.