I n Infotech Enterprises, a Division Bench of this Court considered the question of maintainability of writ petition when the allotment of industrial plot was cancelled for non-compliance with the conditions of allotment. In that case, in 1996, APIIC allotted the land admeasuring Acs.1.50 cents comprised in Plot Nos.CFC4 and CFC5 at tentative value of Rs.1,923/- per Sq.yard to Department of Telecommunications for construction of a Telephone exchange and ground based tower at Infocity, Madhapur. The payment was made with some delay. Though foundation stone was laid for construction of BSNL Bhavan, work was not taken up. In the mean while, BSNL came into existence as wholly owned Government of India company. After issuing notice, APIIC cancelled the allotment, took delivery of possession and re-allotted two plots to Infotech Enterprises. In their challenge, BSNL was successful before the learned Single Judge who held that cancellation of allotment was illegal. Before the Division Bench, the main question was regarding maintainability of writ petition in relation to dispute arising out of a non-statutory contract. While concluding in the affirmative, the Division Bench held as follows. Admittedly, the contract is not a statutory sanction behind the same, and therefore, neither side can take any benefit nor any advantage or any upperstray in regard to its enforceability. The Industrial Infrastructure Corporation is a body, which has been constituted for the purpose of development of the industries, the business of which includes including the allotment of the plots to the eligible units, both private and public. Therefore, the question now necessarily has to be seen from the angle and a pedestal of a commoner or a citizen as to whether the same approach could have been made for any such attributions as made. Admittedly, there has been no construction and the time lapse far beyond the period and though the notice has been issued and no progress has been shown. … … The complaint admittedly is one against
