HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writs No. 6972/2018

Shiv Kripa Pipes Private Limited Having Its Office At A-129, 129A

And 130 Sks Industrial Area Reengus, Sikar, Jaipur 302016

through Authorised Signatory Shri Mr. Sudesh Sharma Resident

Of 608-B, Sector-1, Vidhyadhar Nagar, Jaipur-302039

----Petitioner

Versus

1.

Rajasthan State Industrial Development And Investment

Corporation Through Its Chairman , Udyog Bhawan, Tilak

Marg, C-Scheme, Jaipur

2.

Senior Regional Manager, Rajasthan State Industrial

Development And Investment Corporation Ltd. , Industrial

Area, Sikar

----Respondents

For Petitioner(s)

:

Mr. Shobit Tiwari, Adv.

For Respondent(s)

:

Mr. Ribhu Dutt, Adv.

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

27/07/2018

(1)

Learned Counsel for the petitioner by way of rejoinder

has placed on record circular issued by the RIICO dated

27.03.2018 which reads as under:-

“Rajasthan State Industrial Development & Investment

Corpn. Ltd., Udyog-Bhawan, Tilak-Marg, Jaipur-302005

No.IPI/P-5/171/2018/2063

Dt.27,March,2018

CIRCULAR

Sub:Exceptional cases of recovery of old charges

(Retention Charges, Transfer Charges etc.) to be placed

before the Land Allotment Committee (Waiver Committee)

constituted under RIICO Disposal of Land Rules, 1979 for

decision on merits.

(2 of 4)

[CW-6972/2018]

While examination of files of few cases in the Head office

on the representation of respective applicant it has been

observed that it can not be established from record that

the Allottee received any notice for deposition of old

charges such as retention charges, transfer charges etc

(without no particular follow up by the Unit Office) and

after a long time when the Allottee turned up for some

permissions it comes into notice that such old charges are

outstanding against the Allottee than in such cases

demand notice is issued for recovery of these old charges

at prevailing rate of allotment of the industrial area

concerned. In such cases, the Allottee raises objection

and take excuse that he was not aware of these old

charges and since no such demand note was issued

earlier, he is not liable to pay these old charges calculated

on the basis of current rate of allotment of the industrial

area concerned on the date of payment.

Keeping in view the above observation, all unit heads are

directed to take utmost care while giving permissions for

mortgage of lease agreement/for change in

constitution/for transfer of lease hold rights and to ensure

that all dues/charges such as retention charges, transfer

charges etc. and any other charges raised by A.G. Audit,

are cleared before issuance of such permissions. Any

negligence on the part of the officer who issued such

permission without ensuring about clearance of

dues/charges shall be viewed seriously and disciplinary

action would be initiated against such erring officer.

The Management of the Corporation has also decided that

such exceptional cases reported to Head Office, will be

placed before the Land Allotment Committee (Waiver

Committee) constituted under RIICO Disposal of Land

Rules, 1979 for taking a decision on merits for recovery of

old charges calculated on the basis of the then prevalent

rate of allotment of the industrial area concerned

alongwith applicable simple interest from the Allottee

concerned instead of recovering such charges as per rules

on the basis of prevailing rate of allotment of the

industrial area concerned at the time of payment of these

charges.

This is being issued with the approval of the Managing

Director.

Sd/-

(Vijai Pal Singh)

Advisor(infra)”

(2)

This Court after going into the facts of the case passed

an interim order on 04.04.2018 which reads as under:-

“Learned Counsel for the petitioner submits that the

amount was already paid at the time when the lease deed

was executed. Howev