TEJ RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner prays for an appropriate writ directing the respondents to pay use and occupation charges for the premises which have been used by the State for running a Health Sub Centre in village Neen, Post office, Durgapur, Tehsil Suni, District Shimla. It is undisputed before me that the State which is in occupation of the building since 1.9.1996 till date, is not the owner of these premises. It is also undisputed that the petitioner herein is the owner of these premises. The only dispute which exists is with respect to the payment of rent/use and occupation charges.

(2.) WHEN this writ petition was taken up for proceedings on 28.10.2010, this court directed:

(3.) THE learned Additional Advocate General submits (a) that the petitioner is not entitled to any rent prior to three years of filing the writ petition as the claim is barred by limitation. (b) That it is a disputed question of fact and cannot be determined in writ proceedings.