- (1.) The prayer in this petition filed under Article 226 of the Constitution is for direction to the Haryana State Industrial & Infrastructure Development Corporation (HSIIDC) to issue permanent transfer letter in the name of the petitioner-firm in respect of plot No.131 Phase-II, Industrial Area, Kundli, District Sonepat purchased from M/s Indra Dinesh Chemicals under a sale agreement dated 03.01.2008. It appears that after agreement to sell was entered into between the parties, the transferor applied for transfer of the plot in favour of the petitioner on the basis of which a provisional transfer letter dated 03.09.2008 was issued by HSIIDC contemplating completion of certain formalities as mentioned in the request letter for transfer. It was a condition of final transfer that the purchaser and seller should be represented personally in the office of HSIIDC. On the date and time fixed, the petitioner appeared but not the seller. Due to non-appearance of the seller, a public notice was published in Dainik Bhaskar on 29.05.2009 for appearance of the seller. It was made known in the notice that if the transferor has any objection against the final transfer, it would be free to register its protest within 30 days from the receipt of the public notice failing which it was taken that the plot in question would be finally transferred in the name of petitioner-firm.
(2.) In response to a RTI request sought by the petitioner, HSIIDC responded vide letter dated 28.06.2010 that in response to the public notice dated 29.05.2009 though the transferor did not respond but the Excise & Taxation Officer, Sonepat entered caveat through letter dated 09.06.2009 informing HSIIDC that there were outstanding arrears of tax to the tune of Rs.54,61,139/- against M/s Indra Dinesh Chemicals and the owner was trying to palm off the plot to evade payment of arrears of tax. The Excise & Taxation Department requested HSIIDC not to permit transfer of the plot.
(3.) The HSIIDC accordingly informed the petitioner that the issuance of reallotment letter could be considered only after the issue of recovery of dues of tax qua the plot is resolved. Since the tax liability matter remained unresolved, the present writ petition was brought with the aforesaid prayer.;