Rahul Roy v. The State of Assam and 2 Ors

ORDER Date : 24.07.2024

Heard Ms. S. B. Choudhury, the learned counsel appearing on behalf of the Petitioner and Mr. N. Kalita, the learned counsel appearing on behalf of the Respondent No.1. I have also heard. Mr. S. Das, the learned Standing counsel appearing on behalf of the AIDC.

¶2The issue involved in the instant writ petition is a limited one. The Petitioner herein in pursuance to a notice published for sale of the assets of the erstwhile M/s Sonar Cachar Publication Pvt. Ltd, Silchar had submitted his bid. His bid was duly accepted by the AIDC being the highest bidder. Pursuant thereto, the sale certificate was issued as well as the possession was handed over to the Petitioner. The Petitioner has approached this Court on the ground that the Respondent Authorities are not executing the Deed of Sale in respect to the properties in favour of the Petitioner.

¶3This Court vide an order dated 03.06.2024 had issued notice and sought for instructions from the Respondent AIDC as to why the Deed of Sale was not executed and registered in favour of the Petitioner. In that regard, an affidavit has been filed by the Respondent No.2 wherein it has been mentioned that though the Petitioner was the highest bidder and had paid the amount but the Petitioner along with one Dr. Ranabir Paul wanted that the registration be done in favour of one M/s RD Associates and as M/s RD Associates has nothing to do as regards the bid submitted or the sale certificate issued, the Respondent corporation could not have executed and registered the Deed of Sale in favour Page No.# 3/3 of M/s RD Associates. This aspect of the matter can seen from paragraph No.11 of the said affidavit filed by the Respondent No.2.

¶4Ms. S. B. Choudhury, the learned counsel for the Petitioner submits that the Petitioner is not adverse to the execution and registration of the Deed of Sale in respect to the assets of the erstwhile M/s Sonar Cachar Publication Pvt. Ltd, Silchar in respect to which the sale certificate was issued in the name of the petitioner.

¶5Taking into account the above aspect, this Court is of the opinion that as the Petitioner is not adverse to execution and registration of the Deed of Sale in the name of the Petitioner, the Respondent corporation should not have any objection taking into account the stand taken in paragraph No.11 of the affidavit. Accordingly, the instant writ petition stands disposed of thereby directing the Respondent Corporation more particularly the Respondent No.2 to execute and register the Deed of Sale in respect to the property as described in the Possession Certificate dated 10.03.2018 enclosed as Annexure-C to the writ petition in favour of the Petitioner. The said exercise be carried out within 2

(two) months from the date of the instant order.

¶6With above observations and directions, the instant petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010107692024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2829/2024o RAHULoROYo S/O-oGAUTAMoROYo(MANAGINGoDIRECTOR,oHOTELoRIYAoPALACE,o SILCHAR,oCACHAR),o R/O-oROYSoVILLA,oUKILPATTY,oSILCHAR,o P.O-oSILCHAR,o DIST-oCACHAR,oASSAM,oPIN-788001 VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oINDUSTRIESoANDoCOMMERCEoANDoPUBLICo ENTERPRISES,oDEPARTMENT,oDISPUR,oGUWAHATI-06. 2:THEoMANAGINGoDIRECTOR o oASSAMoINDUSTRIALoDEVELOPMENToCORPORATIONoLIMITEDo(AoGOVTo OFoASSAMoUNDERTAKING)o R.GoBARUAHoROAD oGUWAHATI-24 3:THEoGENERALoMANAGER oTHEoASSAMoINDUSTRIALoDEVELOPMENToCORPORATIONoLIMITEDo(Ao GOVToOFoASSAMoUNDERTAKING)o R.GoBARUAHoROAD oP.O-oAMBIKAGIRIoNAGAR oDIST-oKAMRUPo(M) oGUWAHAT oASSAo oFor1the1Petitioner(s)1111111111111111:1Ms.1S.1B.1Choudhury,1Advocate ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo For1the1Respondent(s)1111111111111:1Mr.1N.1Kalita,1Standing1Counsel 11111111:1Mr.1S.1Das,1SC,1AIDC Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH