DINESH MEHTA,J. - (1.) The present writ petition filed by the State of Rajasthan; under Article 226/227 of the Constitution of India is directed against the order dated 18th February, 2005, passed by the Revenue Board, Ajmer whereby the Board of Revenue has allowed the Revision filed by the respondent Mr. Arun Kumar Mittal, holding that the document in question does not fall within the definition of transfer of lease by way of assignment.
(2.) The facts giving rise to the filing of the present writ petition are that a firm M/S Rajasthan Hume Pipes Manufacturing Company (hereinafter referred to as RHPMC or the firm) having three partners, namely Shri Devaki Nandan having 50% share, Shri Hari Om Mittal having 25% share and Smt. Bina Mittal having 25% share, were having lease hold rights of 5409 square meters land in the RIICO, Industrial Area, Bundi, in relation whereof, a registered lease agreement dt.26.9.79 came to be executed.
(3.) Shri Hari Om Mittal retired from the firm on 31.3.91 leaving behind two partners; namely Smt. Bina Mittal and Shri. Devaki Nandan, however on the very next date i.e. 1/4/1991, Mr. Arun Kumar Mittal and Ms. Dipika Mittal were inducted in the partnership firm and partnership thus became a firm of four partners namely Shri Devaki Nandan, Smt. Bina Mittal, Shri. Arun Kumar Mittal and Dipika Mittal. On 31.3.92, the firm consisting of above referred four partners, stood dissolved and Arun Kumar Mittal became the sole Proprietor of the said firm 'RHPMC' and acquired all assets and liabilities of the Firm.;