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2022 Supreme(Raj) 767

MANINDRA MOHAN SHRIVASTAVA, FARJAND ALI
State of Rajasthan, through Sub-Registrar, Pali, District Pali – Appellant
Versus
Indus Tower Ltd. , Through Vikas Goyal, Assistant Manager – Respondent


Advocates Appeared:
For the Appellants : Mr. Sandeep Shah, Ms. Akshiti Singhvi, Mr. Narendra Singh Rajpurohit.
For the Respondents: Mr. Pritam Solanki, Mr. Sandeep Bishnoi, Mr. B.L. Dhaka, Mr. Awar Dan Ujjawal.

JUDGMENT :

(Manindra Mohan Shrivastava, J.)

1. These appeals have been heard analogously as they arise out of common order dated 26.09.2018 passed by the learned Single Judge in batch of writ petitions filed by the appellant-State against common respondents and as these appeals involve identical issues of facts and law for determination, they are being decided by this common judgment.

2. The undisputed facts giving rise to filing of writ petitions by the State and as stated in the writ petitions as also in the impugned order are that identical lease deeds were executed in favour of the respondent-Indus Tower Limited by the respective land owners all over the State of Rajasthan. The lease deeds contained identical stipulation that the property in question was being leased out to the respondent-Indus Tower Limited being a registered infrastructure provider, indulged in the business of establishing multi-tenant towers for a range of wireless communication industries including PCS cellular ESMR, SMR, paging and fixed microwave as well as radio and television broadcaster. While the period

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