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2023 Supreme(HP) 232

SATYEN VAIDYA
Apple Valley Resort Private Ltd. – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. R.L. Sood, Senior Advocate with Ms. Sanjeevani Sood, Advocate.
For the Respondents:Mr. Mohinder Zharaick, Additional Advocate General.

JUDGMENT :

Satyen Vaidya, J.

Petitioner has prayed for following substantive reliefs:

    (a) Identify, demarcate on the spot the leased property measuring 1 bigha adjoining to Khasra No. 7299 situate in Phati Kharahal, Kothi Kais (Daunsa-Ri-Bihal) Tehsil and District Kullu, which was leased in favour of the petitioner-Company vide Registered Lease Deed dated 5.2.2002 (Annexure PC) and to thereafter again handover actual possession of the same on the spot after its proper demarcation and thereafter to mutate the same in favour of the petitioner Company and effect necessary entries in the Revenue Record.

    (b) Direct the respondents to execute and register a lease deed in favour of the petitioner-Company for a further period of 15 and half years commencing from the date of its execution and registration in respect of the land described in para (a) supra.

    (c) Restrain the respondents from interfering in the peaceful use, occupation and enjoyment of the leased land adjoining to Khasra No. 7299, situate in Phati Kharahal, Kothi Kais, Tehsil and District Kullu.”

2. Brief facts necessary for adjudication of the petition are as under:

2.1 Petitioner is running a tourist resort on the right bank of r


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