Smt.K.Lalitha v. State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22638 OF 2019 Date:18.10.2019 Between:

Smt. K. Lalitha, W/o. K.V. Subramanyam, Aged 46 years, Prop. Anandi Apparels, Plot No.G5-29 & 30, Malkapur Textile Park, Malkapur (V), Choutuppal (M), Yadadri-Bhuvangiri District .. Petitioner And State of Telangana, Industries & Commerce Department, rep., by its Principal Secretary, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22638 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Industries and Commerce appearing for the respondents.

2.

By way of sale deed dated 07.06.2010, Plot No.G5-29 and 30 in Textiles Park, Malkapur Village, Choutuppal Mandal, Yadadri Bhuvangiri District, was sold to the petitioner. According to paragraph No.7 of the sale deed, the subject plot has to be utilized for the purpose of manufacturing readymade garments only. However, it also enables to consider the request of the parties to change the line of manufacturing activity with prior approval of Handloom Textile Department and other competent authorities. Stating that the unit is not able to run profitably and went into losses; the unit could not clear the loans borrowed from the bank; became non-performing unit and intended to change the line of activity, on 19.09.2019, a representation was made to the Assistant Director, Department of Handlooms and Textiles, Bhuvangiri Yadadri District, requesting to change the line of activity. Alleging inaction on the said representation, this Writ Petition is filed.

3.

Learned Assistant Government Pleader pointed out that unless petitioner indicates to which line of activity she wants to change, the question of consideration of such request cannot be undertaken. Therefore, petitioner has to make specific request indicating clearly the nature of activity she wants to change and

viability of such project and then only the matter can be considered.

4.

From a reading of the representation dated 19.09.2019, I see merit in the contention of learned Assistant Government Pleader. 5.

In view of the same, learned counsel for the petitioner agrees that the petitioner would make a fresh representation/application indicating clearly the line of activity that she intends to change instead of the present activity.

6.

Hence, granting liberty as sought for by learned counsel for the petitioner, the Writ Petition is disposed of. It is open to the petitioner to make a representation to the Assistant Director, Department of Handlooms and Textiles, indicating clearly the line of activity to which the petitioner intends to change from the existing activity and on making such representation, the Assistant Director shall consider the same strictly in accordance with the policy of the Government and the purpose for which the textile park is established and make recommendations to the competent authority for further consideration.

Pending miscellaneous petitions shall stand closed.

___________________ P.NAVEEN RAO, J Date:18.10.2019 Note:- Issue C.C. in three days.

(B/o) KH