HIMACHAL SHIKSHA SAMITI Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment is being dictated in open Court in presence of the learned Counsel for the parties.

(2.) THE present writ petition has been filed assailing the orders dated 11.11.2004 (Annexure P 9), whereby the lease granted to the petitioner vide instrument dated 4.12.2001 (Annexure P 3), is cancelled being in contravention of the provisions of H.P. Tenancy and Land Reforms Act, 1972 (hereinafter referred to as 'the Act') and H.P. Lease Rules, 1993 (hereinafter referred to as 'the Rules').

(3.) TO meet the growing requirements of the school respondent granted to the petitioner land measuring 1.10.0 bighas. The grant was in terms of lease deed dated 22.12.2001 in the name of Principal, Saraswati Vidya Mandir, Bashing School run by Himachal Shiksha Samiti. The lease was for. a period of 10 years commencing from 4th December, 2001 on annual rental of Rs. 16,948/ . After taking the possession, the same has been put to use by the school and the lease money is being paid from time to time. In fact, lease amount for the period from 4th December, 2004 up to 31st December, 2005, is also paid.