VEE ENN ENTERPRISES Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONERS aggrieved by the action of respondent Nos. 3 to 5, by which an outstanding recovery against the respondent No. 8 has been directed to be recovered from the petitioners by order (Annexure P-1 ).

(2.) SHORT facts of the case are that the Industrial premises bearing No. 66-D Sector 'c', Industrial Area, Mandideep, Raisen belongs to respondent No. 2 M. P. Audyogik Kendra Vikas Nigam (P) Ltd. This premises was initially allotted to respondent No. 7 M/s. Poly Products. Respondent No. 7 M/s. Poly Products took loan from respondent No. 6 M. P. Financial Corporation. Action under Section 29 of the State Financial Corporation Act, 1951 (hereinafter referred to as 'act' for short) was taken against respondent No. 7 and the property of respondent No. 7 after action under Section 29 of the Act was sold to Smt. Purnima Jain of M/s. Arihant Industries, Mandideep/respondent No. 8. The aforesaid premises was subsequently transferred to respondent Smt. Purnima Jain on 20th September, 1996. Thereafter respondent No. 6 wrote a letter to respondent No. 4 to provide electricity connection to respondent No. 8. This property was purchased by the petitioners from Smt. Purnima Jain, vide Annexure P-5/a on 5th June, 2000. The respondent No. 2 also executed a deed of amendment in lease deed on 27-1-2001 in favour of petitioners Annexure P-3. Petitioners applied for temporary connection with the respondents, which was granted, but the application for permanent connection of petitioners was not considered and the petitioners were informed that there is an outstanding amount of Rs. 11,15,294/- against the premises and the petitioners were asked to make payment of old outstanding dues for seeking new connection in the premises. This letter (Annexure P-1), dated 21-3-2001 is under challenge in this petition.

(3.) THE petitioners assailed aforesaid order on following grounds :-