SUNIL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in these petitions, these are taken up together for being disposed of by a common judgment. However, in order to maintain clarity, the facts of each petition have been considered separately.

(2.) THE Assistant Collector Ist Grade, Shahpur, District Kangra on 28.3.2001 conferred proprietary rights in favour of respondents No. 4 to 7 vide Annexure P -3, mutation No. 352. The petitioner filed an appeal before the Collector bearing appeal No. 34 of 2001. The appeal was dismissed by the Collector on 6.8.2003. The petitioner filed an appeal before the learned Divisional Commissioner bearing appeal No. 278 of 2003 against the order dated 6.8.2003. The Divisional Commissioner Kangra at Dharamshala accepted the appeal on 20.3.2006. Respondents No. 4 to 7 filed the revision before the Financial Commissioner bearing No. 145 of 2006. The learned Financial Commissioner allowed the revision on 14.1.2009 and the order passed by the Divisional Commissioner on 20.3.2006 was set aside. The petitioner assailed the order dated 14.1.2009 by filing C.W.P. No. 1329 of 2009. It was decided by the learned Single Judge of this Court on 22.4.2013. The order dated 14.1.2009 was set aside. The Financial Commissioner (Appeals), was directed to decide the matter afresh within three months. The Financial Commissioner (Appeals), decided the revision alongwith the analogous matters on 15.7.2014. The learned Financial Commissioner (Appeals) held that his predecessor has rightly set aside the order passed by the learned Commissioner, Kangra dated 20.3.2006. The revision petitions were accepted and order dated 28.5.2001 of the learned A.C. Ist Grade, conferring proprietary rights on the tenants was found to be in accordance with law vide order dated 15.7.2014.

(3.) PROPRIETARY rights were conferred upon the private respondents and predecessor -in -interest by the Assistant Collector Ist Grade, Shahpur, District Kangra vide order dated 28.3.2001. The petitioner filed an appeal against the conferment of proprietary rights on the private respondents bearing appeal No. 31 of 2001. The appeal was dismissed by the Collector on 6.8.2003. The petitioner filed an appeal before the learned Divisional Commissioner bearing appeal No. 276 of 2003 against the order dated 6.8.2003. The Divisional Commissioner Kangra at Dharamshala accepted the appeal on 20.3.2006. The private respondents filed the revision before the Financial Commissioner bearing No. 143 of 2006. The learned Financial Commissioner allowed the revision on 14.1.2009. The petitioner challenged the order dated 14.1.2009 by filing C.W.P. No. 1330 of 2009. It was decided by the learned Single Judge of this Court on 22.4.2013. The order dated 14.1.2009 was set aside. The Financial Commissioner (Appeals), was directed to decide the matter afresh within three months. The Financial Commissioner (Appeals), decided the revision alongwith the analogous matters on 15.7.2014.