KULDEEP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, the petitioners have, inter alia, prayed for the following relief:-

(2.) The petitioners are primarily aggrieved by order dtd. 6/7/2023, passed by the Revisional Authority in proceedings initiated under Sec. 17 of the H.P. Land Revenue Act,1954, by the present contesting respondents, i.e. Case No.14 of 2021, titled as Sh. Chain Singh and others Versus Sh. Shri Ram and others, decided on 6/7/2023 (Annexure P-5), in terms whereof, the revision filed by the present respondents has been accepted and the Revisional Authority has set aside the order passed by Lower Court with a direction to the Assistant Collector, 2nd Grade, Una to hear the case afresh after adopting due procedure of law and incorporating the directions issued by learned Sub-Divisional Collector in order dtd. 6/6/2016 in framing the Mode of Partition.

(3.) Having heard learned counsel for the parties and having carefully gone through the order under challenge as well as other orders passed by the Authorities, this Court partly concurs with the findings returned by learned Revisional Authority, for the reason that the ex parte proceedings initiated against at least Chain Singh, who is one of the respondents before this Court, were not sustainable, for the reason that after remand of the case in terms of the order passed by the Appellate Authority on 6/6/2016, when Assistant Collector, 2nd Grade again took up the matter, during the course of said proceedings on 9/1/2017, the Presiding Officer was not present, on which date Chain Singh was duly represented by his counsel. Despite the fact that the Presiding Officer was not present, Reader of the Court of the Presiding Officer fixed the listing of the case for 28/1/2017, on which date, Chain Singh was proceeded against ex parte.