Bhan, J. - (1.) This appeal is directed against the final judgment and order dated 24-4-2002 passed by the High Court of Judicature of Bombay, Bench at Aurangabad in Writ Petition No. 5219 of 2001. By the impugned order the High Court has dismissed the writ petition filed by the appellant.
(2.) Appellant is an Associate registered under the Indian Partnership Act for the purpose of carrying on the business of purchase and sale of agricultural land, to develop the lands and construct buildings by taking contracts under Government and of private parties. It also deals as commission agent in real estates.
(3.) Land admeasuring 48 acres, 24 gunthas of Survey No. 55 was granted by the Revenue and Forest Department of the State Government to Aurangabad Zilla Sahakari Soot Girni Ltd. ("Mill" for short) on conditions inter alia that the mill shall not transfer the said land without prior permission of the Government and that the land and buildings thereon would be liable to be resumed in case of breach of any conditions. Some of the relevant terms and conditions of the grant were as under : "v) That, the Sut Girni shall not transfer its rights in the land to anybody by sale lease, mortgage etc. without prior permission of Government. Further, the land shall not be transferred by the Sut Girni to a foreigner except a foreigner domiciled in India, or a foreign firm established or trading in India, without the consent of Government which will have full discretion to refuse without assigning any reasons. vi) That the land and the Sut Girni buildings to be constructed thereon shall be used for the purpose for which the grant is made and for no other purpose. vii) That the Sut Girni buildings to be constructed shall comply with the provisions of Ribbon Development Rules in force. viii) That the land and the building thereon shall be liable to be resumed to Government without payment of compensation for breach of any of the conditions." ;