CWP No. 1453 of 2007 6.7.2011 Present: Ms. Jyotsana Rewal Dua, Advocate, for the petitioner, Mr. R.M Bisht, Deputy Advocate General, for the respondents No.1 and 2. On 4th May, 2010 this Court passed the following order:- “The allegation against the petitioner is that he has purchased land/property benami on behalf of one Bharat Inder Singh Chahal, who is accused of committing a number of offences and has been charged as such in the State of Punjab. I am surprised to find that despite this allegation having been made, the State has made no effort to conduct any inquiry in terms of Section 118 of the H.P Tenancy and Land Reforms Act to ascertain as to whether the transaction entered into by the petitioner is valid under the law or it is a benami transaction. I also find that some serious allegations have been made by the petitioner against the Officers of the Punjab Police, who purportedly threatened him and his staff members with dire consequences. The State is directed to file an affidavit stating as to what action was taken by the Collector pursuant to the allegation which was levelled against the petitioner by one Sh. Kulwant Singh, Managing Director, Janta Land Promoters Limited (JLPC) Sector 64, Phase 10, Mohali. In the statement, which was purportedly made before the Punjab Police on 11.7.2007, revealing this so called Benami affair. More than about three years have elapsed since this statement was made. Let the State file an affidavit stating and clarifying the action if any which they have taken. At the request of learned Additional Advocate General, three weeks time is granted to the State to file the necessary affidavit. Copy dasti on usual terms.” 2. Pursuant to the same the Deputy Commissioner-cum- DC Solan has now filed an affidavit dated 4.7.2011 stating as under:- “That in response to the first portion of order 04.05.2010 passed by the Hon’ble High Court of HP, it is submitted that after investigating the matter through revenue filed agency, it has been found that the land comprised in Kh. No. 218/96/52/44/6/1 measuring 0-12 bighas situated at mauja Bara, Tehsil & District Solan, HP was purchased by Shri. Vinod Agnihotri son of Shri Ram Asra, resident of Village Kamli(Parwanoo) Tehsil Kasauli District Solan, HP from Shri. Subhash son of shri. Khem Ram, resident of village Bara, Tehsil & District Solan HP through sale deed No. 961 dated 08.09.2006 being an agriculturist of HP. At present from spot inquiries it is found that Shri. Vinod Angnihotri is himself residing in the house built up by him on the above land. Hence no violation comes out under Section 118 of HP Tenancy & Lad Reforms Act, 1972 and no such case of Benami Transaction is initiated against Shri Vinod Angnihotri & Shri Bharat Inder Singh Chahal under Section 118 of HP Tenancy & Land Reforms, Act 1972.” 3. Thus, It is the case of the state itself that there is no violation of the provisions of Section 118 of H.P Tenancy and Land Reforms Act, 1972 and the transaction cannot be said to be benami. In view of the same, no other and further orders are required to be passed in this petition and the same is accordingly disposed of with liberty granted to the petitioner to approach the Court if need so arises. July 6, 2011. (Sanjay Karol),Judge. (priti)