QUALICARE PHARMACEUTICALS LTD. Vs. STATE OF UTTANCHAL

JUDGEMENT

(1.) BY means of this petition the petitioner has sought a writ in the nature of certiorari for quashing the impugned order dated 08-08-2006, contained in Annexure No. 16 to the writ petition, passed by respondent No.3 whereby the allotment of industrial plot bearing no. 34, situated in Salequi Industrial Area Pharma City Dehradun, was cancelled.

(2.) BRIEFLY stated the facts, according to the petitioner, giving rise to the writ pe­tition, are that the petitioner is a company incorporated under the Companies Act, 1956, having its head office at 211- Em­erald, Amrutha Hills, Panjagutta, Kalyanpuri, Hyderabad. The respondents had introduced a new industrial policy for setting up of new industry by inviting en­trepreneurs to set up their manufacturing unit in the different industrial estates so developed by the respondents in the State of Uttaranchal.

(3.) ON 7-12-22005, a letter was also sent to the petitioner by respondent No.4, requesting execution of lease deed, to take possession and submit building plan of proposed unit within 15 days. Photo copy of above letter is enclosed as Annexure No.6 to the writ petition. Another letter was sent by respondent No.4 to the peti­tioner on 7.12.2005 demanding the out­standing amount of Rs. 2,91,582-64. Copy of the letter is also enclosed as Annexure No. 7 to the writ petition. In reply thereto the petitioner wrote a letter on 21.12.2005 to the respondent No.2, com­plaining lack of infrastructure, roads, drainage and power apart from other sup­porting services like pharmacist, security and common avenue lighting etc. Again letter dated 12.1.2006, Annexure No.9 to the writ petition, was also sent by respond­ent No.4 to the petitioner termed as final notice, giving seven days time for submis­sion of building plan and project and to start construction by the petitioner. In re­ply thereto the petitioner sought further one month's tire to submit building plan of the project and complete the construction by the end of September, 2006, by send­ing telegram dated 16-01-2006, (Annexure No. 10 to the writ petition). The respond­ent No.4 further sent letter dated 22-5-2006, (Annexure No. 13 to the writ peti­tion), requiring the petitioner to submit necessary documents for executing the lease deed by 26-5- 2006 and to deposit the lease rent upto 31-3-2007. A demand notice dated 6-6-2006 was also sent to the petitioner by respondent No.4 demanding Rs. 2,71,453.37 as lease rent upto 31-3-2007 against instalment premium due on 1.7.2006 (Annexure No. 14 to the writ petition).