RAM PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition is directed against the order passed by the Financial Commissioner (Appeals) dated 23.12.2002, inter alia, on the ground that the application preferred by the petitioners under Order 6 Rule 17 of the Civil Procedure Code, 1908 has not been decided before the decision.

(2.) THE brief facts necessary for adjudication of this petition are that the petitioners have filed a revision petition before the Financial Commissioner (Appeals) against the order dated 11.2.2002 passed by the Deputy Commissioner, Una exercising the powers of Commissioner under the H.P. land Revenue Act, whereby the revision petition filed by the petitioners was dismissed.

(3.) MR . Sanjeev Bhushan has contended that it was incumbent upon respondent No.2 to dispose of the application filed under Order 6 Rule 17 of the Civil Procedure Code before the decision dated 23.12.2002. He has further contended that since the application has not been decided by the Financial Commissioner (Appeals, i.e. respondent No.2 separately nor the same finds mention in the order dated 23.12.2002.