PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:-

(2.) In terms of the order passed by the learned Financial Commissioner (Appeal), dtd. 15/1/2024, the revision petition preferred by the petitioner under Sec. 17 of the H.P. Land Revenue Act, 1954, against the order passed by the Sub Divisional Collector, Nadaun, stands rejected.

(3.) Brief facts necessary for the adjudication of this petition are that according to the petitioner, in the year 2002, General Zorawar Singh Smarak Samiti, Dhaneta, started a public school in the building of the petitioner on rent in the name and style of ASSD Public School, Gawal Pather. In the year 2013, the same was upgraded to 10+2. As per the petitioner, in light of the school being upgraded, one Ashish Singh Choudhary, approached the petitioner with an offer to construct the building required for upgradation of the school and a gift deed was executed by his father late Shri Ishwar Dass on 26/8/2014 through his GPA i.e. present petitioner in favour of respondent No. 6 qua land measuring 230 square metres. A two storeyed building was constructed thereupon in the year 2016. As per the petitioner, in the year 2018, the school authorities informed the father of the petitioner that Ashish Singh Choudhray has fraudulently grabbed the school from the school authorities by misrepresentation and by misleading the Education Department. In the month of April, 2019, the school was closed for one year by the government authorities. Thereafter, in the year 2020, the school authorities provided late father of the petitioner a copy of inquiry report which was conducted by the Education Department, in terms whereof, according to the petitioner, he gained knowledge that respondent Ashish Singh Choudhary tried to grab the income of his late father which was in violation of the purpose for which the gift deed was executed. The petitioner accordingly filed a civil suit, assailing the gift deed in terms of Annexure P-2. Further according to the petitioner, in the month of June 2018, (i.e. before the filing of the civil suit), private respondent moved an application for partition of the land under Sec. 123 of the Land Revenue Act and the petitioner filed an application raising the question of title therein under Ss. 128 and 129 of the H.P. Land Revenue Act read with the provisions of Land Record Manual and requested for transferring the case to the Assistant Collector 1st Grade, however, said application was rejected by the Assistant Collector 2nd Grade on 20/10/2023. The appeal preferred by the petitioner against the order passed by Assistant Collector 2nd Grade was dismissed by the Sub Divisional Collector on 20/10/2023. The matter was further assailed by way of a revision and interim order were passed therein staying further proceedings which was pending before the learned Assistant Collector 2nd Grade. The case was listed on 22/3/2024, however, an early hearing application was filed by respondent No.2 on 12/1/2024 and the matter was preponed for 12/1/2024 and heard by learned Financial Commissioner (Appeals) and order was reserved. The appeal was dismissed in terms of the impugned order by the Financial Commissioner on 15/1/2024 and after the petitioner came to know of the order, the present petition has been filed.