STATE OF H.P. Vs. URMILA DEVI

JUDGEMENT

(1.) A very short question of law is involved for consideration in this case. Vide order dated 24.10.2006 a single Judge Bench of this court has referred the matter before this Division Bench for examining the correctness of the view adopted by a learned Single Judge of this Court in the case of Piyare Lal vs. State of H.P., 2001(3) Shim.L.C.395 with respect to the interpretation which he put upon sub-section (5) of Section 163 of the Himachal Pradesh Land Revenue Act, 1953. Section 163 of the aforesaid 1953 Act reads thus:

(2.) BRIEF facts leading to this Reference are that in the present case the State of Himachal Pradesh has challenged the legality and validity of a judgment dated 6th April, 2000 passed by the learned District Judge, Bilaspur in Civil Appeal No.73 of 1997, whereby he, while setting aside the impugned order dated 2-7-1997 passed by the Assistant Collector Ist Grade, Ghumarwin, District Bilaspur remanded the matter to the said Assistant Collector with directions to him to decide the case afresh in accordance with the provisions contained in sub-sections (3) and (4) of Section 163 of 1953 Act.

(3.) WHEN this matter came up for consideration before a Single Judge of this court on 24.10.2006, in support of the aforesaid view adopted and taken by the learned District Judge, reliance was placed by the learned counsel for the respondent upon the aforesaid single Judge Bench judgment of this court in the case of Pyare Lal vs. State of H.P. (Supra), in which the following observations have been made by the learned Single Judge in para 12 of the said judgment. Para 12 reads thus: