LAWS(HPH)-2012-1-140

SMT. KAUSHLYA DEVI WIDOW OF SHRI PARKASH CHAND, RESIDENT OF VILLAGE NARSHIN, TAPPA UGIALTA, TEHSIL AND DISTRICT HAMIRPUR (H.P.) Vs. SHRI RIKHI RAM SON OF SHRI JAI RAM, RESIDENT OF VILLAGE NARSHIN, TAPPA UGIALTA, TEHSIL AND DISTRICT HAMIRPUR, H.P.,

Decided On January 05, 2012
Smt. Kaushlya Devi Widow Of Shri Parkash Chand, Resident Of Village Narshin, Tappa Ugialta, Tehsil And District Hamirpur (H.P.) Appellant
V/S
Shri Rikhi Ram Son Of Shri Jai Ram, Resident Of Village Narshin, Tappa Ugialta, Tehsil And District Hamirpur, H.P., Respondents

JUDGEMENT

(1.) BY means of this petition, the petitioner has challenged the order dated 4.4.2006, passed by the learned Financial Commissioner (Appeals), whereby the revision petition was dismissed and the recommendation made by the Divisional Commissioner was not accepted by the Financial Commissioner.

(2.) BRIEFLY stated, the facts of the case are that private respondent No. 1 Rikhi Ram filed an application for partition of land, held jointly by him with the present petitioner Kaushlya Devi, before the Assistant Collector Ist Grade, Hamirpur. Petitioner Kaushlya Devi raised objections regarding the allotment of Khalwara to Rikhi Ram and the mode of partition was prepared on 18.6.1993 and confirmed on 23.11.1993.

(3.) THE present petitioner filed a revision before the Divisional Commissioner, Mandi who held that from the records it was found that some abadi land had been partitioned which could not have been partitioned by the revenue officer and, therefore, recommended that the orders be set aside. The learned Financial Commissioner did not accept the recommendations of the Divisional Commissioner and hence this petition.