S. Chandrashekhar, J. - (1.) THIS writ petition was heard along with W.P.(C) No. 4746 of 2012 and W.P.(C) No. 7113 of 2012 and a common question of law is involved in all the writ petitions however, the facts in all three cases are substantially different and therefore, separate orders are passed in all three cases.
(2.) SEEKING a direction for regularisation of land initially allotted to M/s Beltrode Industries (P) Ltd. comprised in plot Nos. 346(P), 348(P) and 349(P) at Tupudana Industrial Area, in terms of recommendation/decision taken in the meeting of PCC/LAC dated 03.03.2012, the present writ petition has been filed. A further prayer seeking a declaration that the petitioner is entitled for substitution of its name in place of M/s Beltrode Industries (P) Ltd. for remaining period of leasehold right of M/s Beltrode Industries (P) Ltd. without making payment of cost for grant of fresh lease, has also been made in the writ petition. Brief facts of the case are that, the original allottee namely, M/s Beltroda Industries (P) Ltd. secured loan from the Bihar State Financial Corporation and it mortgaged leasehold right of land measuring 0.52 decimals in Plot Nos. 346(P), 348(P) and 349(P) at Industrial Area, Tupudana, Ranchi which was allotted to it by the Ranchi Industrial Area Development Authorities. After the said industry namely, M/s Beltrode industries (P) Ltd. defaulted in repayment of the loan amount, action under Section 29 of the Bihar State Financial Corporation Act, 1951 was initiated against the said company and finally, the assets of the said company were put on continuous sale on 03.07.1995 to 14.03.2006. The sale order dated 30.06.2009 was issued by BSFC in favour of the petitioner for a total consideration amount of Rs. 31.16 lacs, excluding the dues of RIADA. The said sale order was issued on "as is where basis". The petitioner thereafter paid the entire sale consideration of Rs. 31.16 lacs on 24.07.2009 and 25.07.2009. Thereafter, the entire mortgaged asset of M/s Beltroda Industries (P) Ltd. including building, plant, and machinery were handed over to the petitioner on 19.08.2009. The petitioner has also paid an amount of Rs. 1,22,696/ - on account of dues of M/s Beltroda Industries (P) Ltd. The petitioner was required to submit an undertaking that there is no dues of any financial institution or the Government company/corporation etc., which the petitioner duly submitted. In the meeting of PCC/LAC dated 03.03.2012, it was decided that necessary order shall be passed for substituting the name of the petitioner however, inspite of repeated request of the petitioner, its name has not been substituted in place of the original allottee.
(3.) A counter -affidavit has been filed by the respondent -RIADA taking the objection of non -joinder of necessary party i.e. Bihar State Financial Corporation. It is stated that the land comprised in plot Nos. 346(P), 348(P) and 349(P) at Tupudana Industrial Area ad -measuring 0.52 decimals allotted to M/s Beltorde industries (P) Ltd. by RIADA, exclusively belongs to the RIADA and in case of mortgage, the Authority has the first charge on the properties under mortgage "pari -passu" with the charge of the financial institution. Clause 6 of the lease deed dated 04.04.1987 contains stipulation of first charge over the mortgaged property in favour of the Authority. The respondent -RIADA is not a confirming party either to the mortgage deed or the sale agreement and the copies of which were never supplied to respondent -RIADA. The document executed between the petitioner -company and BSFC indicates that the consideration amount paid by the petitioner -company does not include dues of RIADA, though, the various clauses therein make it obligatory for the purchaser -petitioner to pay the Authority's dues. It is stated that the Authority was not the consenting party to documents executed between the petitioner -company and BSFC in connection with the auction sale/purchase transaction. Since the leasehold rights over the land are owned by RIADA, Bihar State Financial Corporation could not have sold the same. Vide letter dated 27.02.1992, 17.08.1992, 16.11.1992 and 08.09.1993 the Authority initiated series of correspondences addressed to the allottee -unit requesting for payment of unpaid dues of the Authority. Thereafter, the petitioner -company deposited the dues of M/s Beltorde industries (P) Ltd. In the meeting of PCC/LAC dated 03.03.2012, the Committee approved regularisation as per the prevailing terms and conditions of the Authority. Vide office order No. 94 dated 24.08.1994, it has been decided that in case of mortgage and subsequent purchase, the prevailing rate/new rate has to be charged. Initially, RIADA allotted land for 99 years however, after creation of the new State of Jharkhand, lease for 30 years only is being executed. In terms of the direction of the State Government, the rates have been revised and the conditions have also changed. The petitioner is undertaking a new project. Since the constitution of the unit has changed, the petitioner cannot claim substitution of its name without paying market rate etc.;