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2023 Supreme(UK) 578

SHARAD KUMAR SHARMA
Jaipal Singh – Appellant
Versus
State of Uttarakhand through/Chief Secretary Government of Uttarakhand Dehradun – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Arvind Vashisth, Senior Advocate, assisted by Mr. Shubham Saharat, Advocate
For the Respondent: Mr. Yogesh Chandra Tiwari, Standing Counsel

JUDGMENT :

This writ petition has been preferred initially by Mr. Jaipal Singh, who claimed himself to be the successor of late Mr. Rajendra Singh, but upon his death, his heirs have been substituted as petitioner Nos. 1/1 to 1/3.

2. This case engages consideration of a very interesting issue, as to whether with regard to the leases granted under the provisions of the Government Grants Act, the rights over the property thus leased could at all be devolved upon by virtue of personnel right of succession or by virtue of an adoption allegedly claimed to have been made by the principal lessee in favour of Mr. Jaipal Singh?

3. Facts of the case are that a lease under the provisions of Government Grants Act was executed in favour of one Mr. Rajendra Singh in relation to two khasras, being Khasra No. 158/1, having an area of 0.626 hectares and khasra No. 4/6, having an area of 0.190 hectares. As per the provisions contained under Section 3 of the Government Grants Act, and particularly, in the context of its U.P. amendment, the leases which are granted under the provisions of the Government Grants Act, they are to be exclusively governed as per the tenor of lease in itself and nothing beyond

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