ROSHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioners have filed instant petition seeking following substantive relief: -

(2.) Brief facts necessary for adjudication of the petition are that the parties to the instant petition were co-owners of the land comprised in Khata/Khatauni No. 26/65 to 75, total measuring 0/71/55 hectares, situated in Tika and Mauza Bari, Tehsil Nurpur, District Kangra, H.P. as per jamabandi for the year 1991-92. In 1995, respondent No.5 herein, moved an application under Sec. 123 of the Himachal Pradesh Land Revenue Act for partition of above-mentioned joint land before the Assistant Collector 1st Grade, Nurpur. Vide order dtd. 2/6/1997 the mode of partition was proposed. Petitioners challenged the mode of partition dtd. 2/6/1997 by filing appeal before the learned Sub Divisional Collector, Nurpur, which was allowed vide order dtd. 25/10/2000 and the matter was remanded back to the Assistant Collector 1st Grade, Nurpur with following observations:

(3.) On 3/7/2022 , the Assistant Collector 1st Grade, Nurpur again proposed a mode of partition between the parties after hearing them. Petitioners again assailed the order dtd. 3/7/2002 passed by the Assistant Collector 1st Grade before the Sub Divisional Collector, Nurpur. The appeal of the petitioners was dismissed by learned Sub Divisional Collector, Nurpur vide order dtd. 9/6/2004. Petitioners assailed the order passed by the Sub Divisional Collector before the Divisional Commissioner, Kangra at Dharamshala, who also dismissed the challenge of petitioners vide order dtd. 20/3/2009. Lastly, the petitioners approached the Financial Commissioner (Appeals), Himachal Pradesh by way of revision petition No. 152 of 2009, but again remained unsuccessful. Their revision was dismissed vide order dtd. 30/8/2016, hence the instant petition.