DALEL SINGH ALIAS DALER SINGH S/O SHRI BHAGAT SINGH Vs. STATE OF HIMACHAL PRADESH THROUGH FINANCIAL COMMISSIONER APPEALS TO THE GOVT OF HIMACHAL PRADESH SHIMLA

JUDGEMENT

(1.) THE petitioner by means of this petition has challenged the various orders which have culminated in the order dated 28.4.2012 passed by the learned Financial Commissioner (Appeals) and has prayed that all these orders be set aside and the matter be ordered to be decided afresh.

(2.) BRIEFLY stated, the facts of the case are that the petitioner along with his brother Bhupender Singh applied for partition of their agricultural lands to the Assistant Collector Ist Grade, Bhoranj, who prepared a mode of partition on 17.10.1997. Thereafter, on the basis of this mode of partition, the suit land was actually partitioned at the spot and the Assistant Collector Ist Grade after hearing the parties confirmed the partition vide his order dated 23.4.2001.

(3.) THE petitioner filed an appeal against this order. The Commissioner held that the Collector had gone beyond the mandate of law and further also held that the appeal itself was not maintainable. He restored the order of Assistant Collector Ist Grade. Thereafter the petitioner filed a revision petition before the Financial Commissioner and prayed that the order of the learned Collector should be restored. The Financial Commissioner held that it was the petitioner who had challenged the order of the Collector in appeal before the Divisional Commissioner and once this matter has been decided by the Divisional Commissioner it did not lie in his mouth to now pray that the order of Collector be restored and the matter was, therefore, again went back and after another round of litigation, the Financial Commissioner now vide his order dated 28.4.2012 has come to the conclusion that the revision petition is without any basis.