LPA/1024/2007 4/ 4 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1024 of 2007 In SPECIAL CIVIL APPLICATION No. 16227 of 2003 With CIVIL APPLICATION No. 6874 of 2007 In LETTERS PATENT APPEAL No. 1024 of 2007 ========================================================= MAZDGAON INDUSTRIES - Appellant(s) Versus COLLECTOR OF BHAVNAGAR - Respondent(s) ========================================================= Appearance : MR YN RAVANI for Appellant(s) : 1, Ms.Archana Raval, AGP for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE SHARAD D.DAVE Date : 09/09/2008 ORAL ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
This
Appeal preferred under Clause 15 of the Letters Patent arises from
the judgment and order dated 6th February, 2007 passed by
the learned Single Judge in the above Special Civil Application
No.16227 of 2003.
The
appellant writ petitioner is one Mazdgaon Industries, a partnership
firm. It appears that in the year 1971, pursuant to the application
made by partners in the aforesaid Mazdgaon Industries, the said
partnership firm was allotted piece of land admeasuring 3000 sq.yards
in the city of Bhavnagar for the purpose of industry on lease for a
period of 30 years. It appears that in course of time, one of the
partners passed away. Second partner retired from the partnership in
the year 1994 and inducted three strangers as the partners who are
prosecuting the present litigation.
In
the year 1999, Mazdgaon Industries applied for renewal of lease. The
said application came to be rejected by the District Collector,
Bhavnagar by order dated 12th August, 2001. It was
observed that the original partners in the partnership firm had
either died or retired from the partnership. The total strangers were
inducted in the partnership firm; the period of lease had expired and
since the year 1995 no industrial activity was carried on on the said
plot of land. The said order made by the District Collector has been
confirmed by the State Government on 22nd October, 2003 in
Revision Application No.9 of 2002. Feeling aggrieved, the appellant
preferred the above writ petition. That writ petition has been
rejected by the learned Single Judge. Therefore, the present Appeal.
Mr.Ravani
has relied upon the policy of the State Government contained in its
resolution dated 8th August, 2001. He has submitted that
it is the policy of the State Government to sell the land to the
lessee if the lessee is ready to purchase the same at the market
price. Under the terms and conditions of the relevant lease deed, the
lessee was not prohibited from taking new partners. Under the
aforesaid policy dated 8th August, 2001, the State
Government has sold other plots of land to the concerned lessee. The
action of the State Government in refusing the same benefit to the
appellant is arbitrary and discriminatory.
The
learned Single Judge has considered the aforesaid contentions raised
by Mr.Ravani. The learned Single Judge was of the opinion that after
expiry of the period of lease, the appellant had no right to renewal
of the lease. No industry is run on the land in question since the
year 1995 has also been taken note of.
We
agree with the learned Single Judge. No case for interference is made
out. The Appeal is dismissed in limine. The Civil Application stands
disposed of.
Learned
advocate Mr.Ravani states that till date, the possession of the
appellant has been protected. The said protection may be continued
for further period of eight weeks. The request is granted. Status-quo
ordered to be maintained pending the Appeal is ordered to be
maintained for further period of eight weeks from today.
(
Ms.R.M.Doshit, J )
(
Sharad D Dave, J )
pathan