PREMI DEVI Vs. BHUP SINGH

JUDGEMENT

(1.) By way of instant appeal, appellants have assailed judgment dtd. 26/12/2007 passed by learned Single Judge of this Court in CWP No. 1632 of 2002.

(2.) Brief facts, forming backdrop of case are that predecessor-in-interest of appellant No.1 alongwith appellant No.2 had preferred a revision petition before the Additional Director, Consolidation on 12/8/1997, inter alia, challenging the consolidation proceedings finalized in the year 1986-87. The Additional Director, Consolidation, H.P. vide order dtd. 29/12/2001 allowed the revision petition. The order so passed by the Additional Director, Consolidation, was assailed before this Court in CWP No. 1632 of 2002 broadly on two grounds, firstly, that the Additional Director, Consolidation had exceeded the jurisdiction by entertaining a revision petition after 10 years and, secondly, that the order was non-speaking.

(3.) Learned Single Judge, by upholding the contention of the writ petitioner, proceeded to set-aside the order dtd. 29/12/2001 passed by the Additional Director, Consolidation. It was found and held by learned Single Judge that the consolidation in the concerned area stood closed after its finalization in the year 1986-87. The revision petition filed before the Additional Director, Consolidation was clearly beyond limitation. It was held that no limitation was provided under Sec. 54 of the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, still the same had to be filed within reasonable time and 10 years could not be said to be reasonable time. Learned Single Judge further held the order passed by the Additional Director, Consolidation to be non- speaking.