The court quashed a cryptic order rejecting a renewal lease request and directed authorities to consider the petitioner's application after hearing within four weeks.
Quashed impugned order; directed respondent to consider petitioner's request dated 08.12.2016 after hearing within four weeks.
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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 487 of 2017-I
Date of Decision: March 25, 2017
Rajesh Pathania …Petitioner. Versus State of H.P. & others ...Respondents. Coram:
The Hon’ble Mr. Justice Sanjay Karol, Judge.
The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1 No. For the Petitioner: Mr. Rajiv Jiwan, Advocate, for the petitioner.
Nemo for respondents No.3 & 4.
Sanjay Karol, J (oral).
To say the least, impugned order dated
14.12.2016 (Annexure P-7) is absolutely cryptic and nonspeaking. The authorities ought to have assigned certain reasons for not extending the lease period, more so, when the petitioner, prior to expiry thereof, had exercised his right of continuance, in terms of para-11 of the lease deed, vide communication dated 08.12.2016. Passing of the order definitely entails civil consequences inasmuch as in terms thereof, petitioner is required to hand over vacant possession of the premises, duly allotted to him, in accordance with law.
1 Whether reporters of the local papers may be allowed to see the judgment?
2
With the aforesaid observations, present petition stands disposed of, so also pending application(s), if any.
Copy dasti.
(Sanjay Karol), Judge.
March 25, 2017 (Purohit)
(Chander Bhusan Barowalia), Judge.
Rajesh Pathania
State of H.P.
Sanjay Karol
Chander Bhusan Barowalia
As recorded by the court registry
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