GHAMANDA RAM AND OTHERS Vs. CHANDERMANI AND OTHERS.

JUDGEMENT

(1.) Present civil writ petition filed by the petitioners under Art. 226 of Constitution of India assailing the correctness and validity of order dated 28.12.2013 passed by learned Financial Commissioner (Appeals) Himachal Pradesh Camp at Mandi in Revenue Appeal No. 8 of 2011, titled Chandermani and others Vs. Ghamanda Ram and others.

(2.) Brief facts of the matter as pleaded in civil writ petition are that during the settlement operations in Mandi district during the year 1964-65 Shri Dhani Ram and Shri Twaru the predecessors-in-interest of the appellants and respondents were found to be in an unauthorized occupation of Government land comprised Khasra numbers old 265 and 263 new 247 and 249 situated in village Phagwar (Tehsil) Chachiot (District) Mandi HP. It is pleaded that on dated 26th March, 1971 the Settlement Officer passed an ejectment order under Sec. 163 of the H.P. Land Revenue Act in case Mo. 5907/S.O. It is further pleaded that on 3rd March 1979 feeling aggrieved and dissatisfied with the order passed by the Settlement Officer Shri Dhari Ram @ Dhani Ram filed an appeal before the Commissioner Shimla Division and it is pleaded that notices were issued to the respondents and during the pendency of appeal Shri Twaru died and legal representatives of the deceased Twaru Ram were brought on record and notices were issued to them, who were served but none appeared on their behalf and they were proceeded ex parte. It is pleaded that on 23rd Dec. 1985 after hearing the parties and perusing the entire record learned Commissioner Shimla allowed the appeal and observed that appellants were in physical possession of the land in question since 1955 and considering their long standing possession of the land learned Commissioner Shimla Division ordered that proprietary rights of the land bearing Khasra No. 263 and 265 measuring 9-6-8 bighas situated in village Phagwar Tehsil Chachiot District Mandi be granted to the petitioners subject to the payment of current market price to be assessed by the Tehsildar concerned on the basis of one years average sales of similar land in the estate. It is further pleaded that after passing the order dated 23.12.1985 present petitioners deposited the payment of land so assessed by the Tehsildar concerned and thereafter mutation to this effect was passed in favour of the petitioners qua the land in question. It is further pleaded that on 15.7.2011 respondents No. 1 to 8 filed an appeal against order dated 23rd Dec., 1985 passed by learned Commissioner, Shimla. It is also pleaded that on 28th December, 2013 learned Financial Commissioner (Appeals) Himachal Pradesh allowed the appeal filed by the respondents and directed that on the concept of equity and in the ends of justice ownership of half share qua land comprised in Khasra Number old 263,265 new 247, 249 be conferred upon LRs of Twaru Ram subject to payment of half amount of the assessed market value to LRs of Dhani Ram alias Dhari Ram.

(3.) Feeling aggrieved against the order of learned Financial Commissioner passed in Revenue Appeal No. 8 of 2011, petitioners filed the present civil writ petition pleaded therein that learned Financial Commissioner misinterpreted the provision of law and it is also pleaded that learned Financial Commissioner has committed serious illegality while passing the impugned order dated 28th Dec., 2013. It is pleaded that order was passed on assumption and presumption. It is pleaded that matter was agitated before learned Financial Commissioner after 25 years. It is pleaded that learned Financial Commissioner has also condoned delay illegally in filing the appeal. Prayer for acceptance of civil writ petition sought.