High CourtsDivision Bench(2021) 01 SHI CK 0223

M/s Laxmi Packers vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 7 January 2021

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 261 Of 2021

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Judgment

18 paragraphs · 316 words

Jyotsna Rewal Dua, J

1.

Petitioner challenges an Office Order, dated 13.03.2020, whereby the respondents conveyed their decision ‘not to allow the revocation of

plot’. The petitioner was not found serious in starting the commercial production for approved industrial activities in the plot in question. He was,

therefore, directed to handover the peaceful possession of the plot within fifteen days. Aggrieved against this order, 10 months later, petitioner has

preferred instant writ petition with the following prayers :-

“(a) To quash and set aside the impugned order dated 13.03.2020 (Annexure P-6) and to further allow the petitioner to run the unit on

the plot as mentioned above ;

(b) In alternative, the petitioner prays that the respondents may kindly be directed to re-consider the case of the petitioner as per

representation dated 10.01.2020 (Annexure P-5).â€​

2.

The record appended with the writ petition reveals that the plot in question in the industrial area was transferred/allotted to the petitioner by the

respondents on 25.08.2004. The petitioner failed to commence commercial production as per the fixed timelines. Accordingly, allotment of the plot

was cancelled vide Office Order dated 22.02.2018. Vide communication dated 15.03.2018, the petitioner was directed to handover physical possession

of the plot in question.

Learned counsel for the petitioner fairly conceded at the Bar that the petitioner had not started the commercial production on the plot, till date. The

allotment of the plot was subject to certain conditions. Failure to commence industrial production within the period prescribed under the terms and

conditions of the allotment would have entailed cancellation of allotment. In view of the admitted factual position that the petitioner, till date, has not

started commercial production on the plot in question, we find no reason to interfere with the impugned Office Order dated 13.03.2020. Accordingly,

the present writ petition, being devoid of any merit, is dismissed. Pending applications, if any, also stand disposed of.