NAGENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India with the following prayers:-

(2.) The facts apropos to the case are that the petitioner No.2 is a company, which was desirous to run a hotel and thus, it approached the petitioner No.1 to lease out the property, namely, Fort Pokaran, owned by the petitioner No.1 and accordingly a lease-deed (Annex.1) was executed on 16/9/1997 for a period of 20 years.

(3.) During the lease period, the petitioner No.2 was running hotel business. In the year 2014, the petitioner No.2 also ventured into the business of art and craft and since the scope of the lease-deed (Annex.1) was only to the extent of running of hotel business, it was decided to terminate the earlier lease-deed dtd. 16/9/1997 (Annex.1) and to execute a fresh lease-deed to run the hotel business as well as business of art and craft. In view of the aforesaid, a cancellation-deed was executed on 11/4/2014 (Annex.2) whereby the earlier lease-deed dtd. 16/9/1997 was cancelled and possession of the property in question was handed over to the petitioner No.1 by the petitioner No.2. Thereafter, both the parties agreed to execute a fresh lease-deed and accordingly a fresh lease-deed dtd. 11/4/2014 (Annex.3) was executed and the petitioner No.2 was permitted to run hotel business as well as the business of art and craft.