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2021 Supreme(HP) 252

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Dev Singh Negi, S/o Ramesh Chand – Appellant
Versus
State Of Himachal Pradesh Through Principal Secretary (Revenue) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sh. C.D. Negi, Advocate
For the Respondent:Sh. Ashok Sharma, A.G. With Sh. Rajinder Dogra, Sr. Addl. A.G., Sh. Vinod Thakur, Sh. Hemanshu Misra, Sh. Shiv Pal Manhans, Addl. A.Gs., and Sh. Bhupinder Thakur, Dy. AG. Sh. N. K. Thakur, Sr. Advocate With Mr. Karan Veer Snigh, Advocate

ORDER :

Tarlok Singh Chauhan, J.

The instant petition has been filed for the grant of following substantive reliefs:

    “(i) that impugned order dated 21.1.2017 (Annexure P5) passed by the Divisional Commissioner, Shimla Division, in Appeal No.167/2015, whereby the appeal preferred by the petitioner against the order dated 3.8.2015 (Annexure P4) passed by Collector, Sub Division Kalpa at Reckong Peo, Tehsil Kalpa, District Kinnaur, H.P. under H.P. Public Premises & Land (Eviction & Rent Recovery) Act, 1971 in Case No.SDK01/ 2015 has been dismissed, may kindly be quashed and set aside by issuing writ of certiorari and justice may be done.

(ii) that the respondent may kindly be directed not to evict the petitioner from the premises in question, by issuing writ of mandamus.

2. It is averred by the petitioner that the Sainik Rest House near Bus Stand Reckong Peo, constructed over land comprised in Khasra Nos. 603, 604 area measuring 00945 hectares, had been taken on rent by him for running a school in the name and style of “Little Angels Public School”. The petitioner had been continuously paying rent to the Sainik Board and despite this, respondents No. 3 and 4 kept on unnecessary harassing

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