Himachal Pradesh High Court
Wing Commander Gps Garewal vs . Uoi And Others on 28 April, 2025
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
Wing Commander GPS Garewal vs. UOI and others CWP No. 436 of 2019 28.04.2025 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, for the petitioner. Mr. Rajinder Thakur, CGC for respondent No. 1. Mr. Pushpender Jaswal, Additional Advocate General for the respondents-State.
Learned Additional Advocate General has handed over a copy of instructions received from the Additional Chief Secretary (Revenue) to the Government of Himachal Pradesh, dated 28.04.2025, which reads as under:-
"I am directed to refer to your letter No.CWP 436/2019-16771 dated 4 April, 2025 on the subject cited above and to say that the State Government will consider the case of the petitioner for grant of permission under clause (h) of sub section (2) of section 118 of the H.P. Tenancy and Land Reforms Act. 1972 in accordance with the conditions prescribed under Rule 38A of the H.P. Tenancy and Land Reforms Rule, 1975, if the petitioner apply alongwith all codal formalities to the State Government for grant of such permission. However, the State Government reiterates its stand as submitted in the reply to the petition on the issue of agriculturist status of the petitioner."
Without making any observation on the contents of the communication, this Court directs the petitioner that if he is interested in purchasing any agricultural land in the State of Himachal Pradesh to the extent as is permissible under the Act, he may identify the land and after fulfilling the codal formalities such as execution of agreement to sale etc., approach the competent authority under Section 118 of the H.P. Tenancy and Land Reforms Act, 1972. After he files such a representation, an application shall be filed by the petitioner intimating this Court of this fact and thereafter further directions shall be passed by the Court.
(Ajay Mohan Goel) Judge April 28, 2025 (narender)