KHAJAN CHANDRA JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned Single Judge in WPMS No. 2661 of 2018 dtd. 26/3/2019.

(2.) . The appellant herein filed Writ Petition (M/S) No. 2661 of 2018 seeking a writ of mandamus directing respondent nos. 1 and 2 to take possession of the factories at Industrial Estate, Patal Devi, Almora, under their control, and oust Sri Jayesh Nothani (proprietor M/S Sagar Pharma of Ahmadabad) from the factory premises, till a decision is taken in the writ petition; a writ of certiorari to quash all further proceedings consequent on the publication dtd. 10/11/2016 in the Preliminary Information Memorandum issued by Dena Bank, Mumbai, and all further proceedings for e-sale of all the assets lying in the premises of Alps Pharmaceutical Pvt. Ltd, Industrial Estate, Patal Devi, Almora, and to hold that all proceedings for sale of assets by Dena Bank/Asset Reconstruction Companies are illegal; a writ of mandamus that all the statutory dues of workmen, Provident Fund, Central Excise, Income Tax, GST etc. be provided and paid, and direct that they shall have priority over and above the dues of Dena Bank, against the mortgage/hypothecation of fixed and current assets; issue a writ or order in the nature of mandamus safeguarding the interests of the State Government in so far creation of mortgage by the Dena Bank on Khet No. 1908/1, Patal Devi, Almora is concerned; a writ of mandamus safeguarding the interest of the petitioner, in so far as the investment made by the petitioner upon Khet No. 1908/1, Patal Devi, Almora i.e. investment in buildings, plants, machineries and royalties etc. is concerned; and a writ of mandamus safeguarding the interest of small scale suppliers, who had supplied raw materials, consumables and packing materials to Jayesh K. Shukla in the past ten years.

(3.) It is the petitioner's case that, there are two different extents of lands, one in Khet No. 1908/1, Patal Devi, Almora of an extent of 05 Nalis with respect to which the State Government had granted lease in favour of the petitioner on 22/2/1976, which expired on 19/2/2006; another extent of 05 Nalis of land, located at Patal Devi, Almora (which the petitioner claims is distinct from the 05 Nalis of land in Khet No. 1908/1, Patal Devi, Almora), was given to the petitioner on 99 years lease commencing from 13/7/1993; he entered into a memorandum of understanding with the fifth respondent; and both of them carried on business together. The contents of the writ affidavit show that both of them fell out; and the fifth respondent had sub-leased the land, in Khet No. 1908/1, to the seventh respondent.