- (1.) Seeking quashing of letter dated 14.07.2012 requiring the petitioner to pay Rs. 41,60,113/, the present writ petition has been filed.
(2.) Briefly stated, one M/s Bharat Steel Casting secured loan from Bihar State Financial Corporation by mortgaging leasehold right over 0.50 acres of land along with the building, plant, machineries etc. in favour of BSFC. However, M/s Bharat Steel Casting defaulted in repayment of loan and accordingly, BSFC initiated action under Section 29 of the Bihar State Financial Corporation Act. The mortgaged properties were sold to M/s Priya Enamel Industries and an agreement for sale cum payment was executed between M/s Priya Enamel Industries and the Bihar State Financial Corporation however, M/s Priaya Enamel Industries also could not repay the dues of the Corporation and therefore, a sale notice was published in the daily newspaper in which the petitioner also participated. In the negotiation, the petitioner offered price to the tune of Rs. 11 lacs excluding the dues of RIADA and thereafter, vide advertisement dated 18.12.2008 further offers were invited. However, no offer was received and therefore, vide order dated 30.01.2009, sale order was issued in favour of the petitioner. Possession of the mortgaged assets was given to the petitioner on 23.03.2009 and on 24.03.2009, a registered saledeed was executed by BSFC in favour of the petitioner. Though, the petitioner submitted several representations for substituting its name in place of the erstwhile promoter/lessee, no action was taken by the respondentRIADA.
(3.) The petitioner has also purchased leasehold right in respect of land of RIADA situated at Industrial Plot No. 7(Part) admeasuring 0.34 acres at Tatisilway Industrial Area from one Sri Vijay Ranjan Prasad vide agreement for sale dated 27.05.2010. The said Sri Vijay Ranjan Prasad has purchased the said right from M/s Bihar Concrete Bricks which was allotted the said plot by respondentRIADA. Since M/s Bihar Concrete Bricks failed to repay the loan, BSFC initiated action under Section 29 of the Bihar State Financial Corporation Act and in auction sale, the said Sri Vijay Ranjan Prasad was issued sale order dated 28.03.2007. On 12.12.2007, the assets of M/s Bihar Concrete Bricks were handed over to the said Sri Vijay Ranjan Prasad who after paying the entire sale consideration was issued "no dues certificate" on 12.03.2010 by BSFC however, Sri Vijay Ranjan Prasad could not run the unit effectively and he therefore, executed an agreement for sale in favour of the petitioner namely, M/s Jagaran Prakashan Limited. The petitioner has paid the entire consideration amount mentioned in agreement of sale dated 27.05.2010 to Sri Vijay Ranjan Prasad who has handed over the industrial unit to the petitioner. The petitioner made representation to respondentRIADA vide letter dated 31.05.2010 for allotting the said plot in its name and vide letter dated 02.08.2010, the petitioner was informed to submit project report along with necessary documents. The petitioner submitted the detailed project report and the expansion programme has been approved by the respondentRIADA. The petitioner has also paid the outstanding dues of M/s Bharat Steel Casting as well as M/s Bihar Concrete Bricks. In its meeting held on 03.03.2012, PCC/LAC has taken a decision for fresh allotment in favour of the petitioner however, as per prevailing terms and conditions of RIADA. Subsequently, vide impugned letter dated 12.07.2012, the petitioner has been directed to pay a sum of Rs. 41,60,113/. Besides payment of the said amount, various other conditions have also been imposed for transfer of the land in question in favour of the petitioner and therefore, the petitioner has approached this Court.;