- (1.) By means of the present petition, the petitioners have challenged the order dated 12th March, 2007 passed by respondent no.3 by which the petitioners' application for re-allotment of the premises in dispute has been rejected.
(2.) The brief facts of the case are that the premises in dispute has been allotted to the petitioners for industrial purpose in the year 1998 and the possession has also been handed over on 12.02.1998. However, the lease agreement was executed on 04.06.2003. The allotment has been cancelled by respondent no. 3 on 18.06.2004 on the ground that the unit had not been established on the land in dispute even after expiry of six years. It appears that the petitioners moved application dated 01.10.2004 before the respondent no.3 stating therein the reasons for non-construction of the unit and requested for the permission of the construction of the unit. The respondent no.3 vide letter dated 14.10.2004 asked the petitioners to move application for restoration of the lease within 10 days from the date of receipt of the letter. The claim of the petitioners is that in pursuance of the letter dated 14.10.2004, the restoration application was filed vide letter dated 25.10.2004 which has been received in the office of the respondent no.3 on 26.10.2004. In the said letter, it was stated that the letter dated 14.10.2004 was received on 16.10.2004. The respondent by the impugned order dated 12th March, 2007 rejected the said application. It has also been brought to our notice that the property in dispute has been re-allotted to respondent no.4 vide allotment letter dated 5th December, 2006.
(3.) Heard Shri Manoj Kumar Singh, counsel for the petitioners and Shri G.P. Srivastava appearing on behalf of respondent nos. 2 and 3 and the Standing Counsel on behalf of respondent no.1.;