M.N. Bhandari, J. - (1.) THIS writ petition has been filed to challenge the order dated 19.3.2008 and 25.4.2008 whereby direction has been issued for registration of lease deed after due payment of stamp duty apart from the registration of the sale deed.
(2.) THE petitioner No. 2, present in person, submits that a partnership firm in the name of Rameshwar Industries, Bundi was carrying business of stone cutting and of rice mill. The firm was owning a land. An application was moved to the District Collector, Bundi to convert 1 bigha of land out of the total 7 bigha 10 biswa from agriculture to industrial. The Collector, Bundi, vide its order dated 16.4.1988/2.5.1988 allowed conversion of the land from agriculture to industrial. On conversion, a lease deed was executed in the name of partnership firm. The partnership firm thereupon made another application for conversion of remaining land so as to establish an industry. The conversion was permitted by the Collector vide order dated 23.1.1991 and, accordingly, lease deed was executed between the partnership firm and the Collector. The firm thereupon decide to convert partnership firm into a private limited company thus agreed to transfer business of the firm with all assets and liabilities to the company. The partnership firm was dissolved with execution of a deed and transferred the business to M/s. Paramount Rice Pvt. Ltd. The State Government, vide its letter dated 19.3.2008, directed the District Collector for execution of sale deed between partnership firm and the company with registration after payment of required stamp duty. It further directed that the revised lease deed be executed accordingly. In pursuance to the direction of the State Government, the District Collector issued an order on 25.4.2008 for execution of sale deed with payment of stamp duty and registration therewith apart from execution of the revised lease deed in place of original lease deed executed on conversion of the land.
(3.) IT is submitted that the orders passed by the State Government so as the Collector, Bundi are illegal, rather, it is in ignorance of the dissolution deed of the partnership firm where assets and liabilities of the partnership firm were given to a private limited company. In view of the dissolution deed, question of execution of sale deed apart from payment of stamp duty and registration thereafter is illegal, thus impugned order may be quashed.;