JUDGMENT

1. Present petition is filed under Articles 226 and 227 of the Constitution of India and under the provisions of the Gujarat Industrial Development Corporation Act and Registration Scheme and Policy of the Gujarat Government and GIDC seeking following reliefs:-

(A) Your Lordships be pleased to issue writ of mandamus or any other appropriate writ, order or direction in the nature of a writ of mandamus and/or a writ of certiorari or any other appropriate, writ order or direction quashing and setting aside the communication dated 18.02.2006 and the order dated 26.4.2010 issued by the respondent no.2 as being without authority of law and jurisdiction and immediately direct the respondent GIDC to allot the residential plot of 800 meters and above as applicable against the Industrial Plot of 5130 sq.meters @ applicable old rate to the petitioner as per the policy.

(B) Your Lordships be pleased to stay implementation, execution and operation of the order dated 26.4.2010 pending the admission and final hearing of the present petition.

(C) Ad-interim relief in terms of above prayer (b) may kindly be granted.

(D) To grant any other or further relief deem fit proper and incidental in the facts of the present case, may kindly be granted.

2. The facts of the present case are in nutshell as under:-

2.1 It is the case of the petitioner that the petitioner has challenged the inaction of respondent No.2 in denying to allot the residential plot based upon such Registration over the period of 15 years and more and being in its continuous production and usage. The respondent No.2 has sought to refuse to allot the residential plot against the industrial plot held by the petitioner at the rate at the time when the same was purchased in GSFC auction sale in the year 1995 and production was duly started by petitioner in the year 1996, even when, he duly fulfilled and possessed all the by the relevant legal criteria required for the same.

2.2 It is the case of the petitioner that the application of the petitioner seeking such plot allotment has not been considered by respondent No.2 on the ground that the plot in question though was used by him as an owner the transfer formalities were recent and several other industries are equally granted similar benefits.

2.3 It is also the case of the petitioner that the petitioner has repeatedly requested for allotment of the residential plot, which are allotted to all such industries which has been denied to the petitioner ground that the petitioner was not having ownership / title over the said manufacturing unit at the relevant time. However, in view of the order of this Court in Special Civil Application No. 2989 of 2009 it was done but then his application is refused on frivolous and grounds not germane and de hors their own policy.

3. Heard learned counsel appearing for the petitioner, Mr.Nikunj Kanara, learned Assistant Government Pleader for respondent No.1 and Mr.Chinmay Gandhi, learned counsel for respondent No.2 – GIDC. Perused the material placed on record.

4. Learned counsel for the petitioner has contended that the petitioner – Shree Hari Narayan Corporation purchased the parcel of land in auction sale of the unit of M/s. Essen Fabrication and Engg. Co. Pvt. Ltd. District Gandhinagar, due to the default committed by the erstwhile company as the company has not repaid the loan obtained from the Gujarat State Financial Corporation and under default, the property was auctioned by the respondents and the same was purchased by the petitioner on 06.12.1995 for consideration of Rs.38,55,555/- as the petitioner was successful bidder. It is contended that the petitioner had taken the possession of the said plot of land and started business in the name and style of Hari Narayan Corporation and after incurring the huge expenses, the petitioner has started doing business which is till date running and as per the policy framed by the respondent GIDC dated 22.09.2004 that those who are having industrial