Tirupati Wellness Private ... vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 15199 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                   CWP No. 4667 of 2021




                                                                       .
                                                   Decided on : 03.10.2023





      Tirupati Wellness Private Limited                            ....Petitioner.





                   Versus

      State of Himachal Pradesh and others                         ...Respondents.
      Coram
      The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.





      Whether approved for reporting?1 No
      For the petitioner           :      Mr. Nitin Thakur, Advocate.

      For the respondents          :      Mr. Pushpender Jaswal,
                      r                   Additional Advocate General

                                          with Mr. Sumit Sharma, Deputy
                                          Advocate Generals and Rajat
                                          Chauhan, Law Officer for
                                          respondents No. 1 and 2.



                                   :      Mr. Arvind Sharma, Advocate for
                                          respondents No. 3 and 4.




      Ajay Mohan Goel, Judge              (Oral)

By way of this petition, the petitioner has inter alia

prayed for the following reliefs:-

I. Issue a writ of mandamus directing respondent No. 2

or its officers to remove any charge vide Rapat No. 61

dated 03.10.2020 of Respondent No. 1 with respect to

Total land measuring 3-8 Bighas alongwith

constructed shed, bearing Khata Khatauni number

65min/100 min, Khasra Number255/222/3 situated

1 Whether reporters of the local papers may be allowed to see the judgment?

at Village Surajpur, Tehsil Paonta Sahib, District

Sirmaur, Himachal Pradesh; and/or

.

II. Issue a writ of mandamus directing Respondent No. 3

to transfer to physical possession of the property in

question i.e. Total land measuring 3-8 Bighas

alongwith constructed shed, bearing Khata Khatauni

number 65min/100min, Khasra Number 255/222/3

situated at Village Surajpur, Tehsil Poanta Sahib,

District Sirmour, Himachal Pradesh in favour of the

Petitioner; or/and

III. Issue a writ of mandamus directing Respondent No.

2 or its officers to register sale deed in favour of the

Petitioner with respect to Total land measuring 3-8

Bighas alongwith constructed shed, bearing Khara

Khatauni Number 65min/100 min, Khasra Number

255/222/3, situated at Village Surajpur, Tehsil

Poanta Sahib, District Sirmour, Himachal Pradesh,

produce entire record pertaining to apprentice clerk;"

2. Learned Counsel for the petitioner submits that

the issue is no more res integra and the same stands settled

by this Court in number of judgments. He has referred to a

judgment of this Court passed in CWP No. 1638 of 2017,

titled as Punjab National Bank and another vs. State of

Himachal Pradesh and others, dated 19.05.2021 and

submitted that this judgment has also been upheld by

Hon'ble Division Bench of this Court in appeal, i.e. LPA No.

156 of 2021 alongwith connected matters. Accordingly, he

.

prays that this petition be disposed of by observing that the

directions passed by this Court in CWP No. 1638 of 2021,

as upheld by Hon'ble Division Bench in LPA No. 156 of

2021 and connected matters, shall mutatis mutandi apply

to this petition also and all directions passed therein shall

be deemed to have been passed in this petition also.

Ordered accordingly.

3. This petition is therefore disposed of by ordering

that the directions passed by this Court in CWP No. 1638 of

2021, as upheld by Hon'ble Division Bench in LPA No. 156

of 2021 and connected matters, shall mutatis mutandi apply

to this petition also and all directions passed therein shall

be deemed to have been passed in this petition also.

The petition stands disposed of in above terms,

so also pending miscellaneous application(s), if any.

                                             (Ajay Mohan Goel)
    October 03, 2023                                Judge
         (narender)