S. Ravindra Bhat, J.

( 1 ) THIS Letters Patent Appeal is directed against the judgment and order of a learned Single Judge dated 9. 12. 2002 in CWP No. 5696/02. The impugned judgment had allowed the respondents writ petition and directed recording of the change in the Constitution in respect of allotment of an Industrial plot subject to payment of unearned increase, as applicable. Further direction to hand over possession upon payment of such unearned increase was also issued.

( 2 ) THE respondent was incorporated as a Pvt. Ltd. Company on 1. 10. 1993. Originally it was a partnership concern comprising two persons, namely Shri Vijay Bajaj and Ms. Madhu Rani.

( 3 ) THE respondent had applied for allotment of an industrial plot for the purpose of re-location of its activities and shifting from non-conforming areas, pursuant to certain directions issued by the Supreme Court.

( 4 ) THE appellant allotted a plot to the respondent on 15. 12. 2000; the latter deposited Rs. 10,50,000/- by its letter dated 5. 1. 2001. Subsequently, by its letter dated 19. 1. 2001, the respondent notified the appellant about change in its composition inasmuch as certain new Directors had been inducted. It w

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