DALIP SINGH Vs. STATE OF H.P.

JUDGEMENT

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

(2.) Brief facts necessary for the adjudication of this petition are that petitioner Dalip Singh applied for the partition of land that was jointly owned by the parties situated in Village Massour, Pargna, Tiun, Tehsil Ghumarwin, District Bilaspur, before Assistant Collector 1st Grade, Ghumarwin. The claim was allowed by Assistant Collec or 1st Grade after summoning and hearing the parties and a mode of partition was framed. The Court stands informed that a Review was filed against the mode of partiti n by the private respondents herein, but the same was dismissed. Thereafter, after the mode of partition attained finality, partition was carried out on the spot through t e Field Agencies and the same was confirmed by Assistant Collector 1st Grade on 1/3/2008. The private respondents herein assailed order dtd. 1/3/2008 by way of an Appeal, inter alia, on the ground that the appellant was not heard and possession of the parties was disturbed as the partition on the spot was not done as per the mode of partition. The Collector, Sub-Division, Ghumarwin, in terms of order dtd. 24/11/2009, Annexure P-3, dismissed the Appeal by holding that in terms of the report of the Field Agency dtd. 5/11/2007, the appellant was not only present but had also consented thereto in terms of the statement attached with the report. The Authority further held that this demonstrated that the appellant was adopting delaying tactics and was chronic in raising objections despite having consented before the Revenue Field Agencies as far as partition was concerned.

(3.) This order was assailed further by the respondents by way of an Appeal befo e Learned Divisional Commissioner, Mandi. In terms of order dtd. 23/9/2014, Annexure P-4, learned Divisi nal C mmissioner recommended the Appeal to the Financial ommissioner for setting aside the order of the lower Court and remand the case to Assistant Collector 1st Grade. The relevant findings returned by the learned Divisional Commissioner are quoted hereinbelow:-