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2021 Supreme(Raj) 653

INDRAJIT MAHANTY, SATISH KUMAR SHARMA
Arfat Petrochemicals Private Limited – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Atmaram NS Nadkarni, Senior Advocate assisted by Mr. Anurag Agarwal, Ms. Arzu Paul & Mr. Vivek Jain, Mr. Salvador Santosh Rebello, for the Petitioner; Mr. Dushyant Dave, Senior Advocate with Mr. R.P. Singh, AAG assisted by Mr. J.S. Shekhawat, Ms. Neha Sangwan, Mr. Anil Mehta, AAG, Ms. Sheetal Mirdha, AAG, Mr. R.K. Agarwal, Senior Advocate assisted by Ms. Sunita Pareek, Advocate, for the Respondent

JUDGMENT

Satish Kumar Sharma, J.:--

REPORTABLE

1. This petition has been filed under Article 226 of the Constitution of India challenging the scope of authority of the State Government over the Rajasthan State Industrial Development and Investment Corporation (RIICO) under Article 138 of its Articles of Association and seeking directions to quash and set aside the decision dated 03.08.2019 of the Cabinet Committee of the State Government which was constituted to review the decisions taken by the previous Government in the last six months, and consequential orders issued pursuant thereto, whereby the permissions/approvals granted to the petitioner- company by the RIICO have been cancelled.

2. On perusal of the pleadings and material made available on record, the relevant factual position has emerged out that a total 271.39 acres of land was allotted to J.K. Synthetics Ltd. (JKSL) in Large Scale Industrial Area, Kota for setting up of industries. JKSL was declared as "sick" vide order dated 02.04.1998 passed by Board for Industrial and Financial Reconstruction (BIFR), Delhi. The Appellate Authority of BIFR (AAIFR) vide its order dated 23.01.2003 sanctioned its rehabilitation scheme of JK

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