Digitally signed by 2026:CGHC:17645 SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1271 of 2020

1 - M/s Atgc Biotech Through Its Proprietor Ashish Purena, S/o Amar Das Age 37, R/o Street No. 07, Sector 2, Near Kadam Chowk Professor Colony, Raipur Chhattisgarh Unit Address Plot No. 112 To 115, Industrial Area Tehsil And District Mahasamund Chhattisgarh, District :

Mahasamund, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Its Secretary, Department Of Commerce And Industy, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Chhattisgarh State Industrial Development Corporation Limited Through Its Chiecf Manager (Land Allotment) Raipur First Floor Udyog Bhawan Telibandha Ring Road No. 01 Opposite Khanij Bhawan Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3 - Office Of District Commerce And Industry Centre Mahasamund District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ... Respondent(s)

(Cause Title is taken from CIS System)

For Petitioner : Mr. Pallav Mishra, Advocate For State : Mr. Sangharsh Pandey, Govt. Advocate For Resp. No. 2 : Mr. Ayaz Naved, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

17/04/2026

1. The petitioner has filed this writ petition seeking following reliefs:

“a) Allow the petition by issuing the writ of the Certiorari quashing the impugned order Annexure P-1 alongwith Notice Annexure P-4 as above;

(b) Grant cost of the expenses caused by the petitioner.”

2. Facts of the case, as emerging from the writ petition, are that the petitioner is a firm engaged in the field of biotechnology, particularly specializing in the development and production of tissue culture relating to various flora and fauna. The firm is duly represented through its proprietor, who is competent and authorized to institute the present proceedings. With the objective of establishing its industrial unit, the petitioner, in the year 2008, applied to respondent No. 2 for allotment of land on lease basis. Pursuant thereto, an agreement dated 20.03.2008 was executed between the petitioner and respondent No. 2 for lease of land admeasuring 1.77 acres situated at Birkoni Industrial Area, Tahsil and District Mahasamund. The said agreement contained detailed terms and conditions governing the lease, including provisions relating to payment of premium, annual ground rent, development charges, street light charges, and the timeline for commencement of production. After execution of the lease deed, the petitioner took steps to establish its industrial unit on the allotted land and commenced operations. The petitioner has placed on record its Udyog Aadhaar registration to substantiate that the industrial unit was functional. However, on 31.01.2018, respondent No. 2 issued a show cause notice alleging violation of certain clauses of the lease agreement, particularly Clauses 2, 3, and 6. The allegations primarily pertained to non-payment of annual dues such as ground rent and development charges, as well as failure to commence production within the stipulated period of one year from the date of possession. It is the case of the petitioner that without granting adequate opportunity to respond to the said notice, respondent No. 2 proceeded to pass a final order cancelling the lease deed. Aggrieved thereby, the petitioner preferred an appeal before the Appellate Authority (Managing Director), which was registered as Appeal No. 2018/461. The Appellate Authority, by order dated 05.01.2019, allowed the appeal and granted the petitioner an additional period of six months to restart production, taking into consideration the petitioner’s explanation regarding temporary closure due to repair and capacity expansion. However, respondent No. 2, being dissatisfied with the said order, preferred a second appeal before the State Government. The State Government, by the impugned order, allowed the appeal and restored the cancella