@> HmH COURT OF CHHATTISGARH: BILASPUR Writ Petitiori No.3441 OF 2905 Petitioner Bengai Nagpur Cotton Miils, through its cf§c§afng Facts. ' Manager, Kishore Rammoorty Chittawar. aged about 54 years, S/c. late Shri RN. Chhitawar, Rio. Laibag, Sindhi Coiony. Rajnandgaen ms). Versus Respondents 1‘ State of Chhattisgarh, through the SecVeww, Department cf Loca! Se” Sew, Mantraiaya, D.K.$. Bhawan, Raipur{CG). 2. Nagar Paiik N§gam, Rajnandgaon, thmugh its CcmmSssionea', Ragnandgaan, (CG). 3” Tahsidar, Rajnandgaon (CG). {Writ Petition under Article 226 of Constituiion of India) SB: Hon’ble Mr. Satish K. Agnihorri, J. Present: Mr. MK. Vyas, Advocate for the petitioner. Mr. Vinay Harit, Deputy Advocate Genera! for the State. Mr. Sanjay K. Agrawal, Advocate for the respondent No.2. QML GRDER iPassed on this 14‘“ day of January, 2G99) With the consent of iearned counse! appearing for the parties, the matter is heard tinaiiv. By this petition, the petitioner seeks the foiiewing reiiefs. The petitioner above named most respectfuiiy prays to this Hon’bie Court to command the respondents to produce the entire record for perusai of this Hon’bie Court. “7.1. 7.2. The petitioner above named most respectfuliy prays to the Hon‘ble Court to issue writ of certiorari for quashing the documents contained Annexure Pi13 and P115. 7.3. The petitioner above named most respectfuily prays to the Hon’bie Court to issue writ of mandamus and aopropriate direction. directing the Respondents not to 6/? interfew with the auction of sale of lands belongmg to the petitioner-min. 7.4. The petitioner above named most respectfully mavs to the Hon’ble Court to issue writ of mandamus or appropriate directions, directing the respondents to agitate, if there is any claim, before the B.l.F.R. or A.i.F.R. or any other appropriate forum under the provisions of iaw. 7.5. Any other relief, which may suitabie in the facts anti circumstances of the case.” 2) The indisputabie facts, in nutshell, as projected by the petitioner are that the petitioner is a Unit of Nationai Textile Corporation, a Government of lndia undertaking and it is one of the otdest factories in the State of Chhattisgarh. The various units of National Textile Corporation Ltd, have been suffering from huge ioss, therefore, the matter was referred to the Board of industrial Financial Reconstruction (for short, "BIFR"), wherein the BIFR case No. 501193 was registered and the matter was decided on 12-2-2002. The order of BIFR has identified viabie miils and unviable mills. The unviabie mills were recommended for closure in which one of the miiis is the petitioner-mitt situated in Reinandgaon. it has been stated in the ciosure scheme that the State Govt. of Madhya Pradesh and Chhattisgarh shaii approve without any condition the sate of land and assets of the petitioner-mill and to waive the interest and damages on the electricity, water and municipal dues and accept the payments of the principal amount only during the year 2001 -2002. 3) in pursuance of the closure scheme, all the employees were paid M.V.R.S. under the scheme known as Golden Shake hand \ policy, the money for payment of these M.V.R.S was procured by bormwing and issuance of bonds which has to be repaid by the saie cf assets and lands of the petitioner-miii. Pursuant to the closure scheme cf BIFR, ihe petitioner—mm was dosed on 31-1 0-2032 within éhe meaning 0f €he provisions of the Industrial Désputes Act, 1Q47. After ciosure of the min the respondent No.2 Nagar Paiik Nigam Rajnandgaon {aised various demands under various heads. The respondent No.2 by notice dated 30-9-2002 raised a demand of Rs.95,1 3,1071- against the petitioner and directed the petitioner to pay the same within 15 days otherwise the recovery proceedings wiil be initiated against the petitioner. Again on 2-3-2002 the respondent No.2 raised a demand of Rs.1 ,16,53,956/- against the petitioner. The assets mainiy the Iands of the petitioner was proposed to be auctioned for payment of ioans raised under various heads in terms of the BIFR scheme, therefore, by tender notice dated 11-7-2005 the petitioner proposed to auction 5.81 acres of land on ‘as is. where is hasis’ which is evident from Annexure P110. The tenders were to be opened on 10-8-2005 at 3.00 pm. at New Deihi Office of the Nationai Textile Corporation Ltd, in which the petitioner is a unit. 4) The respondent No.2 pubiished a pubiic notice in daiiy newspaper of Rajnandgaon, on 17-7-2605 {Annexure P/11) stating that the municipal dues are still pending against the petitioner-mill, therefore, if anybody purchases the iand in auction of the petitioner- miil; they shall be heid iiable for payment of the municipal taxes. Thereafter, on 18-7-2005 respondent No.2 issued a notice to the petitioner-mill for payment of above stated dues, otherwise, the proceedings under the Municipal Corporation Act, 1956 would be lif‘ resorted i0. ‘i‘he respondent on 18-7-2005D (Annexure P/15) issued a further natice‘to the petitiener—mili stating that if the Municipal dues were not deposited on or before 30-7-2005, then the iand of the petitioner-mill wouid be acquired. Being aggrieved, the petitioner has fried this petition seeking the above reiiefe. S) in View of the order passed today i.e., 14—1-2003 in Writ Petition No.5666 of 2065 (D.S. Dhiiion Vs. Nationai Textiie Corporation (MP) Ltd, and others), whereby the auction sate was confirmed, no other issue survives for adiudication. Thus, this petition is disposed of, in the iight of the judgment and order dated 14-1-2009 passed in DS. Dhiiion (supra). 6) A copy of the order dated 14-1-2OG9 passed in Writ Petition M15668 of 2005 be kept in this fiie. Satish K. Agnihotri Judge Raju Sdl-