1 2025:CGHC:13552 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1488 of 2025 1 - M/s Agrawal Structure Mills Private Limited Unit-II, Through- Director Anil Kumar Agrawal, S/o Shri Madanlal Agrawal, Aged About- 56 Years, R/o 93/94, Govind Kunj, Near Krishna Talkies, Samta Colony, Raipur, District- Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Commerce And Industries, Department Of Commerce And Industry, R/o Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - Chhattisgarh State Industrial Development Corporation Ltd. (Csidcl) Through- Executive Director, R/o First Floor, Udyog Bhawan, Ring Road No. 01, Telibandha, Raipur (C.G.) 3 - District Trade And Industrial Centre Through- Chief General Manager, R/o New Composite, First Floor, Collectorate Premises, District- Bilaspur (C.G.) Pin No. 495001 ... Respondent(s) (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Surfaraj Khan, Advocate For State :- Mr. R. K. Gupta, Dy. Advocate General For Resp. No. 2 & 3 :- Mr. Ayaz Naved, Advocate ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 21.03.2025 1. Petitioner has filed this writ petition seeking following reliefs :- 2 “10.1 That, this Hon'ble Court may kindly be pleased to issue suitable writ (s), order (s), direction (s) by directing the respondent authorities, particularly respondent no. 2 (CSIDC) to decide the application/representation (Annexure P-1) within a time frame in an objective manner for refunding the transfer fee/premium charge of Rs. 1,11,28,107/- together with interest. 10.2 That, this Hon'ble Court may kindly be pleased to call the entire records from the respondents authorities for its kind perusal. 10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for petitioner submits that CSIDC had earlier allotted 54.54 acres lands, situated at Village - Silphari, District -Bilaspur (C.G.), bearing Khasra No. 18/1 (part), Silphari Industrial area to M/s Shri Radhe Industries Limited, who borrowed loan from Punjab National Bank, Kingsway Branch, Nagpur and on failure to repay the loan amount, the bank took over the possession of the above mentioned land and proceeded to auction it under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred as “the SARFAESI Act”) which had been subsequently been purchased by the petitioner and the sale certificate was also issued by the Punjab National Bank. The demand of transfer fee by the CSIDC is governed by Clause 3.4.2.11 of the Chhattisgarh Industrial Land and Building Management Rules 2015 (hereinafter referred as “the Rules of 2015”) and the said clause is already declared ultra vires by this Hon'ble Court in WP(C) No. 3151/2016, vide order dated 03.11.2022 and the respondent no. 2, 3 even after knowing the said order had recovered the amount in the name of land transfer charges. The action on the part of respondent no. 2 (CSIDC) is arbitrary in nature and the respondent no. 2, must refund the transfer fee received from the petitioner with immediate effect, as there is no such provision for charging the transfer fee from the petitioner herein. Petitioner has already submitted representation / correspondence for refund of same, however, respondent authorities, particularly respondent no. 2, is not taking any action/decision on the representation / correspondence dated 27.01.2025 (Annexure P/1) made by the petitioner on 27.01.2025 for refund of land transfer charges/premium of Rs. 1,11,28,107/-. It is further contention of learned counsel for petitioner that as petitioner has already submitted a representation / correspondence dated 27.01.2025, petitioner is seeking limited relief that respondent No. 2 may kindly be directed to decide the representation / correspondence dated 27.01.2025 within specified time frame. 3. Learned counsel for the respective respondents submits that in view of the limited prayer made by learned counsel for petitioner, they are having no objection. If no decision is yet taken on the representation / correspondence dated 27.01.2025 submitted by petitioner, it will be considered in accordance with law. 4. Heard learned counsel for respective parties. 5. Taking into consideration nature of grievance raised, submission of learned counsel for petitioner based on Annexure-P/1 which is a representation / correspondence dated 27.01.2025 this writ petition is 4 disposed of at this stage, directing respondent No. 2 to consider the representation / correspondence submitted by petitioner expeditiously in accordance with law and to pass appropriate orders in this regard. 6. With this observation and direction, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shayna Digitally signed by SHAYNA KADRI