RAMJI DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

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

(2.) Brief facts necessary for the adjudication of the present petition are that the private respondents herein filed an application for partition of the property which culminated into preparation of mode of partition, dtd. 17/10/2011 (Annexure P-2), which was assailed by the present petitioners before Collector, Theog, District Shimla, H.P. and in terms of decision dtd. 27/11/2012 (Annexure P-3), the appeal filed by the present petitioners was allowed in the following terms:- "I have carefully gone through the entire averments placed before me and am convinced that the Court below had not complied with the orders of this Court passed on dtd. 31/12/2008. He passed the impugned orders in haste. Therefore, I accept these appeals and set aside the impugned orders dtd. 17/10/2011. These cases are remanded back to Ld. A.C. 1st Grade, Theog with the direction to pass the fresh orders after taking into consideration the provisions of Para14(3) of H.P. Land Records Manual. Also, Ld. A.C. 1st Grade is directed that opportunity of being heard the interested parties. A copy of order be placed on these three files and a copy of order be sent to A.C. 1st Grade, Theog for strict compliance."

(3.) Thereafter, post remand, Assistant Collector, 1st Grade Theog again passed order dtd. 6/9/2016 (Annexure P-4), which reads as under:-