CWP/4602/2021 on 31 December 2021

O R D E R

The instant petition has been filed for the grant of following substantive relief: - “(i) That writ of mandamus may kindly be issued, directing the Deputy Commissioner, Una, District Una, H.P. to execute lease deed of the Government land cmprised in Khasra No. 271, Khatauni No. 131/122, measuring 00-06-05, situated in village Jandoor, Tehsil Bangana, District Una, H.P. in favour of the petitioner within a time bound manner, in view of the fact that the petitioner has been approved a Mineral Water Plant by the Industries Department, which she is going to construct in Khewat No. 46min, Katauni No.113, Khasra no.273, situated in village Jandoor, Tehsil Bangana, District Una,H.P. and the above mentioned Government land is the only access to the Industrial Unit of the petitioner and the said road will also be ysed by the general public at large and the Tehsildar has submitted reports as per the recommendation f Deputy Commissioner Una for three times in favour of the construction of the road over the above mentioned land, which will facilitate the Industrial Unit of the petitioner as wellas the general public and lastly, the Industries Department after inspecting the spot, has also made the recommendation to the Deputy Commissioner to provide the said land to the petitioner on lease, so that the petitioner can construct a road as main access to her Unit and can construct her Industrial Unit of Mineral Water Plant, but till date, the Deputy Commissioner Una has not take any fruitful action in terms of the recommendation of the Industries Department letter dated 3.3.2021 (Annexure P-10)”

2. In the reply, filed by respondents, one of the grounds taken in it, is that petitioner has concealed the true and material facts

from this Court, as she (petitioner) has not applied under the provisions prescribed in the Lease Rules, 2013.

3. Confronted with this, Mr. R.L. Chaudhary, learned counsel for the petitioner has handed over a letter addressed to Commissioner, dated 1.12.2021 in the open Court, which is made part of the record, to prima facie show that his client has now made the necessary application in terms of the Lease Rules.

4. In view of above, the instant petition is disposed of with a direction to respondent No.2 to consider and decide the application dated 1.12.2021 preferred by the petitioner within a period of four weeks from today. Pending miscellaneous applications, if any, also stand disposed of. (Tarlok Singh Chauhan)

Judge (Chander Bhusan Barowalia)

Judge

31st December, 2021

(Guleria)