BAKHSHISH KAUR SARKARIA Vs. MURTOO DEVI AND OTHERS

JUDGEMENT

(1.) This Letters Patent Appeal is directed against judgment and order, dated 28th July, 2014, made by the learned Single Judge/Writ Court in CWP No. 1232 of 2009, titled as Smt. Murtoo Devi and others versus Financial Commissioner (Appeals) and another, whereby the writ petition filed by private respondents herein came to be allowed and order, dated 23rd July, 2008, made by the Financial Commissioner (Appeals), i.e. respondent No. 9, in revision petition filed by the appellant was set aside (for short "the impugned judgment").

(2.) The appellant and private respondents are in litigation right from 15th May, 1993, which was outcome of the entries made in the revenue record by the then revenue officials. The private respondents filed a suit in terms of the mandate of Section 58 (3) (e) of the H.P. Tenancy and Land Reforms Act, 1972 (for short "the Act") before the Assistant Collector 1st GradecumLand Reforms Officer, Tehsil Kasauli, District Solan, H.P. (for short "Assistant Collector") against the appellant, which was decreed vide order, dated 3 rd March, 1997 (Annexure P1 annexed with the writ petition), constraining the appellant to file appeal (Annexure P2 annexed with the writ petition) before the District Collector, Solan, alongwith an application for condonation of delay (Annexure P3 annexed with the writ petition). The application for condonation of delay was dismissed and consequently, the appeal was dismissed as time barred vide order, dated 25th September, 2001 (Annexure P5 annexed with the writ petition). Feeling aggrieved by the said order, the appellant filed revision petition before the Financial Commissioner (Appeals), which was allowed on 18th October, 2005 and the orders made by the Assistant Collector and the District Collector came to be set aside.

(3.) Being dissatisfied by the order made by the Financial Commissioner (Appeals), the private respondents invoked the jurisdiction of this Court by the medium of CWP No. 1222 of 2005, titled as Smt. Murtu Devi & others versus Smt. Bakshish Kaur, which was allowed vide order, dated 30th November, 2007 (Annexure P6 annexed with the writ petition), order, dated 18th October, 2005, made by the Financial Commissioner (Appeals) came to be quashed and set aside, the Financial Commissioner (Appeals) was directed to decide the revision afresh in accordance with law and the parties were directed to appear before him on 12th December, 2007. It is apt to reproduce the operative portion of the judgment in CWP No. 1222 of 2005 herein: