OM PARKASH Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) The present petition has been filed under Article 226/227 of the Constitution of India praying for the following relief: - To quash and set aside the orders dated 26.8.1993 (Annexure P) passed by respondent No. 1, i.e. Divisional Commissioner, Shimla Division, Himachal Pradesh. By the said order, the respondent No. 1 has decided the appeal under Section 32 of the H.P. Registration of Hotels and Travel Agents Act, 1970, filed by Smt. Prem Seth respondent No. 2. As a result of the said order, the earlier order of the Commissioner (Tourism), Himachal Pradesh dated 14.3.1988 has been set aside and the appeal has been accepted. The operative part of that order has been reproduced in para 2 of the impugned order, which runs as follows: "In exercise of the powers vested in me under Section 7(a) of the H.P Registration of Hotels & Travel Agents Act, 1970,1,V.K. Bhatnagar, Commissioner Tourism, Himachal Pradesh (Prescribed Authority hereby order to delete Room No. 8 of Fountain Bleau Hotel, Shimla from the purview of hotel under the aforementioned Act."

(2.) The facts as given in the writ petition are that the petitioner was inducted as a tenant by respondent No. 2 in the building known as Fountain Bleau (Cottage), Shimla in the year 1979 in respect of accommodation consisting of three rooms, a kitchen and a bathroom known as Set No. 8 in the aforesaid building. The premises were hired by the petitioner for the purpose of running a typing school and for running the business of the repair of the typewriters. According to the petitioner, at the time when the said premises were let out to him, respondent No. 2 had specifically informed him that the premises are not a part of any hotel and the same are not being used as a hotel by the said respondent. After taking over the possession of the premises, the petitioner started paying rent to respondent No. 2 and the same was accepted by respondent No. 2. The copies of some of the receipts in this behalf are Annexures P -1 » to P -12.

(3.) It is further pleaded by the petitioner that respondent No. 2 is running p hotel in the name and style as Hotel Fountain Bleau, Shimla in the same building. However, Set No. 8, let out to the petitioner is neither a part of the said hotel nor the same falls within the purview of the Himachal Pradesh Registration of Hotel and Travel Agents Act, 1970 (hereinafter referred to as the Act1). Consequently, Respondent No. 3, i.e. the Commissioner of Tourism, Shimla after holding due inquiry and after giving adequate opportunity of being heard, passed an order dated 14.3.1988 whereby the room in question, i.e. Room No. 8 was specifically ordered to be deleted from the purview of Hotel, as defined under the said Act. Copy of this order of Respondent No. 3 is Annexure P -13 to the petition.