Thanks for sharing these important details. From what you've explained, your matter involves a mix of property law under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, tenancy issues, and a pending criminal complaint—all of which require strategic legal handling to protect your rights and close this issue permanently.

Let me guide you point-by-point:

🔹 Regarding the Alleged Violation of Section 118

As per Section 118, non-agriculturists require permission to purchase or lease land in Himachal Pradesh. Since you’ve already obtained government permission to purchase the land, your ownership is valid.

However, creating a lease deed with a non-agriculturist without proper government permission may technically be seen as a violation only if:

• It is a long-term lease that amounts to transfer of possession/control,

• It is considered a disguised sale or permanent arrangement,

• And if there is irrefutable proof that a formal lease was executed and acted upon.

Your defence here will rely on:

• The nature of the agreement (short-term, non-renewable, no possession rights, and conditional use only after registration),

• The fact that you initiated registration and NOC was granted by police in 3 months,

• And that the agreement has no evidentiary strength, as it’s not in his possession, it was partly oral, and was not registered or legally enforceable under the Act.

So yes—you can challenge the validity of the lease agreement, or state that it was a conditional licence, not a lease, and certainly not in the nature of transfer contemplated under Section 118.

🔹 Regarding the Eviction & Trespassing FIR

Since:

• The FIR is pending but chargesheet has not been filed for 7 months,

• You have a NOC from police themselves to operate the homestay,

• His possession was conditional and terminated due to breach,

You have a strong case that there was no illegal trespass. Police delay in filing the chargesheet may also work in your favour as lack of prima facie evidence.

We can even consider moving to quash the FIR under Section 482 CrPC if needed—after reviewing the contents of the complaint.

🔹 Regarding Complaints to Tourism/Revenue Authorities

This is just pressure tactics. Now that your homestay is registered, you are legally compliant. I can help you draft a proper reply to the Tehsildar explaining:

• That there was no valid lease or transfer,

• That the agreement was not acted upon legally or completed,

• And that the complainant is trying to harass you after being evicted for suspicious activity.

We’ll also highlight the NOC and registration of the homestay to show bona fide compliance.

📌 My Professional Suggestion:

You’re at a stage where everything needs to be consolidated with legally strong, clear replies—before things go against you in record. Based on what you've told me, I can assist you with:

1. Drafting a professional legal reply to the Tehsildar under Section 118,

2. Strategic advice on handling the police FIR and possibly getting it quashed,

3. Drafting a reply to the tourism department to close that complaint, and

4. Preparing future-proof documentation for your homestay to avoid such issues again.

Let me handle this properly for you—you’ve already taken all the right steps like getting NOC and registration, now let’s put it all together legally and professionally.

Warm regards

Contact/WhatsApp No-

It is necessary to peruse notice received by you to advice 

take the plea that you have not entered into registered lease deed 

3) you had entered into notarised agreement but it was never acted upon as full payment was not received by you 

4) you are running home stay on the premises and are in possession of the property 

1. Property purchased with proper 118 permission.

2. Lease was unregistered for 11 months, now cancelled.

3. Tenant violated terms, didn’t pay full amount – evicted within 4 months.

4. Police gave NOC; homestay now registered and compliant.

5. Agreement invalid – no stamp paper, signed by wife, not principal party.

6. No intention to violate law; issue now resolved.

Request to close matter as there was no malafide intent.

To challenge a complaint alleging violation of Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, you need to understand the specific provisions of the law and how it applies to your situation. 

You can then prepare a legal response by gathering relevant evidence.

Section 118 generally prohibits the transfer of land in Himachal Pradesh to non-agriculturists without prior permission from the government. 

Based on your evidence, you can prepare a written response to the complaint, addressing the allegations and presenting your case.

As per the provision of section 118 of H.P. Tenancy and Land Reforms Act, 1972 the land purchased by a non-agriculturist after obtaining the permission of Government is required to be put to use within stipulated period for the purpose for which permission was granted.

Therefore you may gather evidence to establish the fact that there was no violation in this regard and challenge the same appropriately before the concerned authorities.

Bar under Section 118 is not applicable to transfer by way of lease of land or building in a municipal area. If the land is in municipal are you are not liable for any penalty under revenue Act.

- You can send a notice /reply after mentioning that you were not aware about the terms of the violation of Section 118   of land reforms and tenancy Ac, and the said lease agreement was made for a short terms for running a homestay.

- Further, after knowing the terms of violation you have already evicted the tenant for showing your intention. 

- Further, the police has issued the NOC after a thorough check of your application and the police has not found the lease illegal. 

- No trespassing case is maintainable against you as the said homestay is running after proper registration .

- If Tehsildar is not withdrawing the said letter then you can approach the Court for getting the same. 

Yes you can refuse