MAHALAKSHMI INDUSTRIES Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Kaushalendra Nath Singh for the petitioner, Shri Ashish Agrawal for respondent nos. 2 and 3, learned Standing Counsel for respondent no. 1 and Shri Ashok Singh, learned counsel for respondent no. 4.

(2.) This writ petition has been filed for the following, amongst other, reliefs:-

(3.) Learned counsel for the petitioner submits that pursuant to an advertisement, Central Bank of India invited bids for auction of Industrial Plot No. 13A/17 U.P.S.I.D.C, Loni Road, Site - II, Mohan Nagar, Sahibabad, Ghaziabad. The petitioner a successful bidder deposited the earnest and the remaining amount within the specified time. Pursuant thereto, the Bank issued sale certificate and the deed clearly stated that the said industrial plot is free from all encumbrances. On 07.09.2018, the Bank handed over the original lease deed in favour of the erstwhile owner, letter of the UPSIDC and the keys of the auctioned plot in favour of the petitioner. Thereafter, the petitioner applied for transfer of the plot in question on 11.10.2018 with all the requisite documents before respondent no. 3, but in spite of completion of all the formalities, respondent nos. 2 and 3, without any rhyme or reason, are not transferring the plot in question in favour of the petitioner. Meanwhile, the respondent - UPSIDC wrote a letter to the Assistant Commissioner, Central GST, Ghaziabad on 14.10.2019 to inquire as to whether any government dues/outstanding are pending from the erstwhile owner of the plot in question, i.e., M/s Sarthak Aqua Private Limited.