M/S. R.K. Apparel Fashions Pvt. Ltd v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.4421 OF 2019 Dated:08.03.2019 Between:

M/s. R.K. Apparel Fashions Private Limited, Plot Nos.12 to 29, Apparel Export Park, Gundlapochampalli, Ranga Reddy District, rep., by its Director Ti Satyanarayana, S/o. late Suryanarayana, Aged about 73 years .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Industries Department, Secretariat Buildings, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.4421 OF 2019 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Industries appearing for respondent No.1 and Sri L. Prabhakar Reddy, learned Standing Counsel for Telangana State Industrial Infrastructure Corporation (TSIIC) appearing for respondents 2 to 4.

2.

Petitioner is a Company registered under the Companies Act. Petitioner filed application on 01.12.2003 requesting for allotment of land to an extent of Acs.14.95 guntas in Apparel Export Park, Gundlapochampally, for manufacturing Apparels, Fashion Designs etc. The said request was favourably considered and by letter dated 27.12.2003, plot Nos.12 to 29 were allotted with a specific condition to take up apparel related activity, but not any other activity. Alleging that petitioner has not adhered to the terms of allotting land, with a specific purpose of carrying on activity only with regard to apparel related aspects, petitioner was asked to furnish project report along with timelines, warning him that failing which the respondent - TSIIC would cancel the allotment and proceed to resume the possession of plots using the right of re-entry without further notice.

3.

According to learned counsel for petitioner, on 01.12.2016, a representation was made to the Zonal Manager, Apparel Export Park, requesting to change the line of activity as the petitioner is sustaining loss in garments business. Learned counsel submits that this representation is not disposed of till date and while the

said request is pending, no coercive action could be taken by the respondent - TSIIC.

4.

Learned Standing Counsel for TSIIC, on instructions, does not dispute the fact of receiving the representation dated 01.12.2016 of the petitioner. According to him, representation submitted by the petitioner was referred to the Government on 16.06.2017, but so far no clarification is issued by the Government.

5.

In view of the same, the Writ Petition is disposed of directing the respondent - TSIIC to examine the claim of the petitioner as ventilated in its representation dated 01.12.2016, having regard to the policy of the Government, and take appropriate decision by keeping in mind the purpose of establishing Apparel Export Park. However, till a decision is taken, the respondent - TSIIC shall not take any coercive action against the petitioner. The petitioner is however directed not to undertake any other activity other than the apparel related activity till a decision is taken by the respondent - TSIIC in due consultation with the Government. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:08.03.2019 KH