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High CourtsDivision Bench(2020) 10 SHI CK 0356

Sharma Enterprises vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 8 October 2020

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
CASE NUMBER
Civil Writ Petition No. 2504 Of 2019

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Judgment

10 paragraphs · 380 words

Tarlok Singh Chauhan, J

1.

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

" a) That a Writ in the nature of Certiorari may kindly be issued directing the respondents 1 to 3 to produce the entire record of the case and the letter/ office order dated 23.8.2019 (Annexure P-7) whereby the allotment made in favour of the petitioner has been cancelled may kindly be quashed and set aside.

b) That a Writ in the nature of mandamus may kindly be issued directing the respondents 1 to 3 to permit the petitioner to carry on his approved activity in the industrial premises at Plot No. 53-A, Phase -II, Tehsil Jaswan, District Kangra H.P and to give him an opportunity to rectify the irregularity committed by the petitioner, if any.

(c) That Respondents 1 to 3 may be directed not to disturb the possession of the petitioner or to take any steps to dispossess the petitioner.

(d) That the writ in the nature of mandamus may kindly be issued, directing the respondent No.4 to vacant the tenanted portion of the premises at the earliest and to handover the vacant possession to the petitioner."

2.

Learned Additional Advocate General has placed on record instructions received from the Department. The relevant portion whereof reads as under:-

" In this regard it is submitted that the Member Secretary, SWCA, Sansarpur Terrace vide his letter of even No. 328 dated 05-10-2020 has informed that the illegal liquor shop along with Ahata opened on the plot no. 53-A Phase-II has been closed. Hence the petitioner may kindly be directed to carry on the industrial activity on the plot for which the land was allotted. This is for your information and further necessary action at your end please."

3.

Since the respondents have no objection to the petitioner carrying on industrial activities on the plot which was allotted to him, consequently, the present petition is disposed of with a direction to the respondents not to create any hindrance in the working of the petitioner and permit him to continue carrying on industrial activities on the plot. Parties are left to bear their own costs. Pending application(s), if any, also stand disposed of.

List on 05.11.2020, when the petitioner shall file affidavit to this effect.