SAMTECH INFONET LTD. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Avtar Singh Rawat, learned Senior Counsel assisted by Mr. Jitendra Chaudhary, learned counsel for the appellants-writ petitioners and Mr. Vipul Sharma, learned Standing Counsel for the respondent Nos.2 and 3, and, with their consent, the Special Appeal is disposed of at the stage of admission.

(2.) The appellant-writ petitioner filed WPMS No.1851 of 2016 seeking a writ of certiorari to quash the letter dtd. 7/5/2016 issued by SIIDCUL; a writ of mandamus to restrain the respondents from interfering in the peaceful possession of the first petitioner'scompany; and for an interim order staying the impugned letter dtd. 7/5/2019.

(3.) Facts, to the limited extent necessary, are that the appellant-writ petitioner was allotted an industrial plot by the second respondent vide proceedings dtd. 24/8/2006. Possession of the plot was handed over to them on 31/10/2006. SIIDCUL issued proceedings dtd. 7/5/2016 informing the appellants-writ petitioners that, pursuant to the allotment, a lease deed was executed in their favour on 16/2/2010; sufficient time had elapsed since the date of allotment of the plot of the petitioners but they had failed to utilize the said plot as per the terms of the lease deed, and the allotment letter; and they had breached clause No.1.19(a)(i) of the Lease Deed and they had not yet completed construction, they had not started operation in the said plot, and they had not also deposited the Lease Rent, Interest and Service Tax dues; and SIIDUL had no other recourse but to cancel the allotment letter dtd. 24/8/2006, and terminated the Lease Deed dtd. 16/2/2010 executed in their favour. The appellants-writ petitioners were intimated that their lease shall stand terminated after expiry of 60 (sixty) days from the date of receipt the notice, and possession shall be resumed by SIIDCUL. They were directed to deposit the balance lease rent with interest and Service Tax dues, and remove the building/structure/ material (if any) from the above plot within 60 days of receipt of the notice.