HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writs No. 6012/2007

Sadhna Inani W/o Shri Prakash Inani, Age about 38 years, R/o

Beawar.

----Petitioner

Versus

1. State of Raj through Secretary, Industries, Secretariat, Jaipur.

2. District Collector (Industries) & District Magistrate, Ajmer.

3. General Manager, Zila Udyog Kendra, Ajmer.

4. Tehsildar, Beawar.

----Respondents

For Petitioner(s)

:

Mr. Ajay Kumar Jain, Adv.

For Respondent(s)

:

Mr. Arpit Srivastava, Dy.G.C.

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

27/07/2018

(1)

The petitioner has approached this Court against the

order dated 14.06.2006 (Annex.6) whereby the lease deed

executed in favour of Ms. Madhav Minerals Industrial Area, Javaja

originally a Partnership Firm has been cancelled on account of the

same being now Proprietorship concern with sole Proprietor

Sadhna Inani. The other partners retired. The firm lateron

changed its name as M/s. Rajshree Mini Came.

(2)

Learned Counsel submits that the petitioner had moved

an application for changing the name of the firm M/s Madhav

Minerals to M/s. Rajshree Mini Came and merely because the

other partners have retired and the firm has been renamed, a new

lease dead did not require to be executed and the cancellation was

uncalled for.

(2 of 4)

[CW-6012/2007]

(3)

Per contra, learned Counsel for the respondents

submits that in terms of Condition No.4(7) of the lease deed and

in terms of Rule 9 of The Rajasthan Land Revenue (Industrial

Areas Allotment) Rules, 1959 the conversion from partnership firm

to proprietorship firm ought to have been informed prior to getting

the name changed and they have rightly cancelled the lease deed.

(4)

A look at Rule 9 of the Rules of 1959 reads as under :-

“9. Lessee debarred from sale of land etc. - The lessee

shall have the limited ownership on the land leased till the

lease subsists and shall have the right of assignment only

for the purpose of taking a loan for the development of the

industry. The lessee shall have no right to sell the land:

[Provided that once the land has been utilised for the

purpose for which it was allotted within the period specified

in rule 7, the lessee may with the permission of

the [Allotting Authority] transfer his right or interest in the

whole land, so leased out, the conditions of lease remaining

unchanged. The transferee shall pay 50% excess amount of

the yearly lease rent mentioned in rule 5 on such transfer:]

[Provided further that in case an industrial plot is proposed

to be divide or sub-divided for any purpose, whatsoever,

prior permission of the State Government in the Revenue

Department shall be obtained by the allotting authority:

Provided also that in case of any doubt of any kind the

allotting authority shall refer the matter to the State

Government in the Revenue Department whose decision

shall be final.] “

(5)

Condition No.4(vii) of the lease deed also deserves to

be quoted as under :-

“4(vii). The lessee shall not sublet, underlet or sell its

lease hold rights under the lease deed without the

written consent of the lesser, provided, however that

the lessee shall have the rights to assign or to

mortgage its lease hold right hereby demised in favour

of a Financial Institution or Institutions for the

purposes of availing of Financial Assistance including

guarantees from such financial institutions for the

development of industries for which the said land has

been leased to the lessee and the said financial

(3 of 4)

[CW-6012/2007]

institution or institution will be at liberty to enforce

their rights as mortgagees under the law and convey a

good title to the lease hold property. Provided further

that the lessee shall inform the leasers about any

mortgage or assignment made by the lessee in favour

of any financial Institutions within a period of three

months from the date of su