M.R. Verma, J.—The petitioner who is non-agriculturist, applied under Section 118 of the H.P. Tenancy & Land Reforms Act, 1972 (hereafter referred to as the Act) for grant of permission to purchase land Khasra No. 930/ 15, measuring 130.90 sq. mtrs., situate in Mohal Shubh Khera, in Tehsil Paonta Sahib, for construction of a residential house. After due enquiries as per the provisions of Rule 38-A of the H.P. Tenancy & Land Reforms Rules, 1975 (hereafter referred to as the Rules), respondent No. 2, vide Annexure P-3, recommended the grant of requisite permission in favour of the petitioner. However, respondent No. 1 refused the requisite permission and its decision was conveyed to the petitioner vide Annexure P-4 without disclosing any reason for such refusal. Aggrieved by the refusal of respondent No. 1 to grant permission to him for purchase of the land for constructing a residential house, the petitioner has preferred the present petition praying for quashing the refusal to grant the requisite permission in his favour and to direct the respondents to accord the requisite permission to the petitioner to purchase the land in question.

2. The respondents resisted the claim by filing reply wherein the refusal to grant permission for purchase of land in favour of the petitioner has been justified on the grounds that the petitioner is not a bona fide Himachali and is not serving in any Government or semi-Government Sector and the recommendation of respondent No. 2 is not binding on respondent No. 1. It has also been claimed that respondent No. 1 was not bound to disclose the reasons for refusal to accord the requisite permission to the petitioner. Hence the claim of the petitioner has been denied.

3. We have heard the learned Counsel for the petitioner and the learned Advocate General for the respondents and have perused the material placed on the record.

4. The relevant part of Section 118 of the Act reads as follows:— "(1) Notwithstanding anything to the contrary contained in any law, contract agreement, custom or usage for the time being inforce, but save as otherwise provided in this Chapter, no transfer of land (including transfer by a decree of a civil Court or for recovery of arrears of land revenue) by way of sale, gift, will, exchange, lease, mortgage with possession, creation of a tenancy or in any other manner shall be valid in favour of a person who is not an agriculturist. Explanation ******* (a) ****** (b) ****** (2) Nothing in sub-section (1) shall be deemed to prohibit the transfer of land by any person in favour of,- (a) to (g) *********** (h) a non-agriculturist with the permission of the State Government for the purposes that may be prescribed."

5. It is crystal clear on a bare reading of the aforesaid provisions that despite bar on acquiring land by a non-agriculturist in Himachal Pradesh by way of transfer, there are exceptions to the general rule and purchase of land by a non-agriculturist for a prescribed purpose with the permission of the State Government in one of such exceptions. Thus, with the permission of the State Government, a non-agriculturist can purchase land in Himachal Pradesh for the prescribed purpose.

6. Rule 38-A of the Rules as amended by the Amendment Rules of 1998 prescribes the purpose(s) for which land can be purchased by a non-agriculturist with the permission of the Government and the relevant portions thereof, reads as under:— "38-A. Purpose for which land is transferable under Section 118(2)(h). "(1) Where a non-agriculturist intends to acquire land in his name by way of sale, gift, will, exchange, lease or mortgage with possession, he shall apply for permission under clause (h) of sub-section (2) of Section 118 of the Act, in Form LR-XIV duly supported with the documents specified, to the Collector in whose jurisdiction the land is situated; (a) On receipt of the application, complete in all respects under sub-rule (1), the Collector shall, after calling for the information fr