K D Iron and Steel Company v. Assam Industrial Development Corporation Ltd and 2 Ors

ORDER

27.02.2024

¶1Heard Mr. S. Banik, learned counsel for the petitioner and Mr. J.K. Goswami, learned Standing Counsel, AIDC.

¶2The petitioner's case is that the petitioner was the successful bidder in respect of the e-auction sale to lift "Plant & Machinary of Nagaon Paper Mill without Land" on "As is where is basis". Subsequent to the above, an agreement for sale of Plant & Machinery dated 21.06.2023 was reached between the petitioner and the Assam Industrial Development Corporation Limited (AIDC). Thereafter the AIDC issued a communication dated 18.07.2023 addressed to the petitioner, whereby the Canteen and Forest Office Building at Nagaon Paper Mill were allotted to the petitioner at a total monthly rent of Rs.30,307/- till

20.06.2024.

¶3Subsequent to the above events, the AIDC has issued another e-auction notice for demolition and disposal of amongst others, the Weighbridge, the Page No.# 3/4 Forest Office, Training Centre, Verandah and the parts so dismantled and stored by the petitioner inside the rental premises.

¶4Mr. S. Banik, learned counsel for the petitioner submits that a representation dated 22.02.2024 has been submitted by the petitioner requesting the AIDC to withdraw the above Weighbridge, Forest Office, Training Centre and the Veranda from the e-auction notice, as the petitioner has developed the hardware and software for the Weighbridge. Further, the items assembled and stored by the petitioner in pursuance to the earlier e-auction notice should also not be auctioned to some other persons.

¶5Mr. S. Banik, learned counsel for the petitioner submits that the AIDC should take a decision on the petitioner's representation with regard to whether the Weighbridge should be left out from the purview of the e-auction notice until 20.06.2024, which is the date the petitioner's lease on the forest office and time for lifting of the materials, would expire.

¶6Mr. J.K. Goswami, learned Standing Counsel, AIDC submits that he has got no objection to the same.

¶7In view of the consent of the parties, the AIDC will take a decision on the petitioner's representation dated 22.02.2024, with regard to whether the Weighbridge should be left out from the e-auction notice. Till a decision is taken by the AIDC with regard to the Weighbridge, the petitioner should be allowed to use the same by the AIDC. With regard to the other leased out premises of the Nagaon Paper Mill and the articles stored by the petitioner, the petitioner should not be disturbed till 20.06.2024.

¶8This Court again makes it clear that the Sl. Nos.2, 4, 5 & 6 of Annexure-E of the writ petition is not the subject matter of the writ petition and the issue of Page No.# 4/4 Sl. No.1 will depend on the decision to be taken by the AIDC.

¶9The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

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