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High Court Of ChhattisgarhWPC/2349/2019disposed off

Gopal Industries v. Chief General Manager

2019-07-25Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2349 of 2019 • Gopal Industries Through Niladari Saha, Son Of Late M.C. Saha, Aged About 42 Years, Gopal Industries Plot No. 88 G Industrial Estate Bhilai, District Durg, Chhattisgarh ---- Petitioner

Versus

1. Chief General Manager District Trade And Industrial Center G.E. Road Durg, District Durg Chhattisgarh

2. Bank of Baroda Through The Manager Branch Civic Center Bhilai, District Durg, Chhattisgarh ---- Respondents For Petitioner :

Shri Avinash Chand Sahu, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 25/07/2019

1. Heard.

2. It is contended that the petitioner had purchased the property of a general sale as a auction purchaser from Bank of Baroda. The said property was leased out by District Trade Industrial Center in favour of the lonee who had availed the loan at the initial stage. It is stated that the petitioner has purchased the property in a auction sale vide Annexure P-4 and sale certificate was also issued by the Bank of Baroda in respect of the said plot, however, the said plot is not being transferred in the name of the present petitioner by the respondent No.1 as it has not accepted the petitioner as lessee. It is stated that though

several letters have been addressed but the same remains unattended.

3. Perusal of the document Annexure P-4 would show that sale certificate was issued in favour of the petitioner for purchase of lease hold land and building situated at Industrial Estate Bhilai, Durg. Further the communications which are attached shows that the letters/correspondence were made with respondent No.1 to transfer the lease hold land in favour of the petitioner since he stepped into the shoes of lessee. Considering the facts/backgrounds of this case, it is directed that the respondent No.1 shall take a decision as to transfer of the property as per the prevailing law which governs them within an outer limit of 60 days from the date of receipt of certified copy of this order.

4. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu