RAJESH KUMAR DUBEY Vs. STATE OF H.P.

JUDGEMENT

(1.) The Petitioner who is non-agriculturist, applied under Section 118 of the H.P. Tenancy and 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 38A of the H.P. Tenancy and 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.