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ASHUTOSH KUMAR, ANJANI KUMAR SHARAN
Ramjee Sah Son of Bhikham Sah Resident of Suhiya – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
ASHUTOSH KUMAR, J.
1. Heard Mr. Manik Vedsen, the learned counsel for the appellant, Mr. Yashraj Bardhan for the respondent nos. 2 and 3, namely, Bihar Industrial Area Development Authority through its Managing Director and Mr. Raj Nandan Prasad for the Bihar State Finance Corporation. The State is represented by Mr. Prashant Kumar, learned AC to SC-05.
2. The appellant had preferred a writ petition seeking quashing of the demand of the respondent BIADA of the transfer fee of Rs. 1,71,329/-from the appellant/writ petitioner for transferring the concerned plot to him which he had purchased in the auction sale of the plot by the mortgagee/Bihar State Finance Corporation (hereinafter referred to as “BSFC”) but the question in the present appeal is limited to whether the BIADA is justified in charging the transfer fee and if so, what should be the quantum of the same.
3. Be it noted that the demand of the BIADA of the transfer fee of Rs. 1,71,329/-has already been paid by the appellant along with the dues of the erstwhile allottee but without prejudice to his rights and contentions.
4. The plot in question was allotted to one M/s Bhojpur Bucket Industry on 16.06.1977 for setting
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