IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C.W.P. No. 3661 of 2010 Decided on: 25th August, 2010 Ramesh Kumar Petitioner Versus State of H.P. and another Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge For the Petitioner: Mr. Paresh Sharma, Advocate For the State: Mr. R.K. Sharma, Senior Additional Advocate General. For Respondent No.3: Mr. Ramakant Sharma, Advocate __________________________________________________________ Justice Kurian Joseph, C.J. (Oral) This writ petition has been filed against Annexure P-2, order passed by the Collector, Sub Division Theog, under Sections 4 and 7 of the Public Premises Act, 1971. The petitioner had submitted an appeal before the Divisional Commissioner, Shimla. That appeal was rejected as per Annexure P-3. 2. It is seen from Annexures P-5 and P-6 that during the pendency of the proceeding, the parties had entered into a fresh lease. Had these aspects been taken note of, the Divisional Commissioner had not passed the order, Annexure P-3. Therefore, the impugned order, Annexure P-3, is set aside and the matter is remitted back to the Divisional Commissioner with a direction to pass a fresh order, also taking note of Annexures P-5 and P-6. The interim order, passed by this court, will continue till such time. The writ petition stands disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice ( Justice Kuldip Singh ), August 25, 2010(K) Judge