DALER SINGH Vs. BHUPINDER SINGH

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against an order dated 20.11.2004 passed by the learned Divisional Commissioner, Mandi in case No. 454/2003.

(2.) BRIEF facts of the case are that Sh. Daler Singh filed an application for partition of the land comprised in Khata/Khatoni No. 104/118 kite 30 measuring 104 -12 Kanal situated in Tika Parol Tehsil Bhoranj Distt. Hamirpur before the Assistant Collector, Bhoranj who framed the mode of partition on 17.10.1997 and confirmed the partition on 23.4.2001. the present petitioner filed an appeal before the Collector Sub Division Hamirpur who accepted the same and remanded the matter back to the Assistant Collector, Ist Grade on 30.10.2002. The petitioner was still not satisfied and he filed a second appeal before the Commissioner, Mandi Division who dismissed the same vide the impugned order dated 20.11.2004 observing that though the learned Collector has found no irregularity in the order of the Assistant Collector, Ist Grade, he has still remanded the case proposing to carve a road in khasra No. 52, which he had no powers to do.

(3.) SH . S.C. Guleria learned Counsel for the respondent argued that the petitioner had himself preferred an appeal against the order of the Collector before the learned Commissioner and he cannot now take the plea that he had not challenged the order of the Collector. According to him the orders passed by the Commissioner are perfects legal and the revision petition is not maintainable.