Himachal Pradesh High Court
CWP/4602/2021 of ANJALI MEHTA Vs STATE OF HP AND ORS on 31 December 2021
COURT OF HIMACHAL PRADESH, SHIMLA ON THE 31st DAY OF DECEMBER, 2021 BEFORE THE HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE THE HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA, JUDGE CIVIL WRIT PETITION NO. 4602 OF 2021 Between ANJALI MEHTA AGED 29 YEARS WIFE OF SH. ANKUSH SONI, R/O
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLAON THE 31st DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGETHE HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA, JUDGE
CIVIL WRIT PETITION NO. 4602 OF 2021
Between
ANJALI MEHTA AGED 29 YEARS
WIFE OF SH. ANKUSH SONI, R/OVILLAGE NAYALI UPPERLY, PO& TEHSIL BANGANA, DISTRICTUNA, H.P.
….PETITIONER
(BY MR. R.L. CHAUDHARY,ADVOCATE)
AND
1. STATE OF H.P. THROUGHSECRETARY (REVENUE) TO THEGOVERNMENT OF HIMACHALPRADESH, SHIMLA 171 002
2.DEPUTY COMMISSIONER UNA,DISTRICT UNA, H.P.
3. SUB DIVISIONAL OFFICERBANGANA, TEHSIL BANGANA,DISTRICT UNA, H.P.
4.TEHSILDARBANGANA,DISTRICT UNA, H.P.
5. GENERAL MANAGER, DISTRICTINDUSTRIESCENTRE,UNA,DISTRICT UNA, H.P.
(BY SH. ASHOK SHARMA, ADVOCATE
GENERAL WITH MR. ASHWANI
….RESPONDENTS
SHARMA, ADDITIONAL ADVOCATEGENERAL AND MR. VIKRANTCHANDEL, DY. AG)
_________________________________________________
This civil writ petition coming on for order this day,Hon’ble Mr. Justice Tarlok Singh Chauhan, delivered the following:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
The instant petition has been filed for the grant offollowing substantive relief: - “(i) That writ of mandamus may kindly be issued, directing theDeputy Commissioner, Una, District Una, H.P. to execute lease deedof the Government land cmprised in Khasra No. 271, Khatauni No.131/122, measuring 00-06-05, situated in village Jandoor, TehsilBangana, District Una, H.P. in favour of the petitioner within a timebound manner, in view of the fact that the petitioner has beenapproved a Mineral Water Plant by the Industries Department,which she is going to construct in Khewat No. 46min, KatauniNo.113, Khasra no.273, situated in village Jandoor, Tehsil Bangana,District Una,H.P. and the above mentioned Government land is theonly access to the Industrial Unit of the petitioner and the said roadwill also be ysed by the general public at large and the Tehsildar hassubmitted reports as per the recommendation f DeputyCommissioner Una for three times in favour of the construction ofthe road over the above mentioned land, which will facilitate theIndustrial Unit of the petitioner as wellas the general public andlastly, the Industries Department after inspecting the spot, has alsomade the recommendation to the Deputy Commissioner to providethe said land to the petitioner on lease, so that the petitioner canconstruct a road as main access to her Unit and can construct herIndustrial Unit of Mineral Water Plant, but till date, the DeputyCommissioner Una has not take any fruitful action in terms of therecommendation 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 theprovisions 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 toCommissioner, dated 1.12.2021 in the open Court, which is made partof the record, to prima facie show that his client has now made thenecessary application in terms of the Lease Rules.
4. In view of above, the instant petition is disposed of witha direction to respondent No.2 to consider and decide the applicationdated 1.12.2021 preferred by the petitioner within a period of fourweeks from today. Pending miscellaneous applications, if any, alsostand disposed of.
(Tarlok Singh Chauhan) Judge
(Chander Bhusan Barowalia)
Judge
31[st] December, 2021
(Guleria)