REGENT COMPUTRONICS PVT. LTD.

Uttam Distilleries Limited Appellant

V/S

STATE OF RAJASTHAN Respondents

Referred Judgements :-

RELIANCE INDUSTRIES LTD. VS. DESIGNATED AUTHORITY AND ORS. [REFERRED TO]
TILOKCHAND AND MOTICHAND VS. H B MUNSHI [REFERRED TO]
S N MUKHERJEE VS. UNION OF INDIA [REFERRED TO]
S P CHENGALVARAYA NAIDU VS. JAGANNATH [REFERRED TO]
KHODAY DISTILLERIES LIMITED VS. STATE OF KARNATAKA [REFERRED TO]
CHANDRA SHASHI VS. ANIL KUMAR VERMA [REFERRED TO]
ANIL BANSAL VS. ASHOK KUMAR BANSAL [REFERRED TO]
A V PAPAYYA SASTRY VS. GOVERNMENT OF A P [REFERRED TO]
K D SHARMA VS. STEEL AUTHORITY OF INDIA LTD [REFERRED TO]
RAMJAS FOUNDATION VS. UNION OF INDIA [REFERRED TO]
KALYANESHWARI VS. UNION OF INDIA [REFERRED TO]
AMAR SINGH VS. UNION OF INDIA [REFERRED TO]
NARMADA BACHAO ANDOLAN VS. STATE OF MADHYA PRADESH [REFERRED TO]
ABHYUDYA SANSTHA VS. UNION OF INDIA [REFERRED TO]
A. SHANMUGAM VS. ARIYA KSHATRIYA RAJAKULA VAMSATHU MADALAYA NANDHAVANA PARIPALANAI SANGAM REPRESENTED BY ITS PRESIDENT ETC [REFERRED TO]
KISHORE SAMRITE VS. STATE OF U.P [REFERRED TO]
ENERGY WATCHDOG VS. CENTRAL ELECTRICITY REGULATORY COMMISSION AND ORS. ETC. [REFERRED TO]
UTTAR PRADESH POWER TRANSMISSION CORPORATION LIMITED VS. CG POWER AND INDUSTRIAL SOLUTIONS LIMITED [REFERRED TO]

JUDGEMENT

(1.) The present writ petition is filed with the following prayers:

(2.) The brief and necessary facts of the case, as per the record, are as follows:

(3.) Learned counsel for the petitioner, at the outset, pleads doctrine of frustration and act of impossibility as the ground of defense for non-compliance of conditions of allotment letter dtd. 8/9/2004 and lease deed dtd. 29/10/2004. Learned counsel submits that the petitioner-company, being part of Uttam Group which pioneered in establishing state of the art sugar mills across the world, with a view to diversify its business, decided to establish an eco-friendly grain based distillery and bottling plant in the State of Rajasthan. Accordingly, after obtaining NOC from the Office of Excise Commissioner, the petitioner-company applied for and was allotted the plot in question for establishing the Plant. The terms of the allotment letter dtd. 8/9/2004 required the petitioner-company to erect such construction so as to cover atleast 20% of the plot area with built up pucca structure and roof. The relevant condition 4(b) is reproduced below:

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UTTAM DISTILLERIES LIMITED Vs. STATE OF RAJASTHAN

Referred Judgements :-

JUDGEMENT

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