CHETAN SWAROOP Vs. GIRDHARI LAL & OTHERS

JUDGEMENT

(1.) By way of this writ petition, petitioner has prayed for quashing of impugned order dated 6.9.2011 (Annexure P-6), passed in revision petition No. 116 of 2011 by Financial Commissioner (Appeals), Himachal Pradesh in exercise of powers conferred under Section 17 of the H.P. Land Revenue Act on the ground that the said order has been passed by the Authority concerned without any jurisdiction.

(2.) Brief facts necessary for the adjudication of the present case are that an order dated 7.9.2009 (Annexure P-3) was passed by District Collector, Kullu in the matter of appointment of Kardar of Devta Markandai Rishi and Devi Bala Durga of Phati Balagad, Kothi Shikari, Tehsil Banjar, District Kullu. By way of this order, which was passed by the District Collector, Kullu in performance of his duties as enshrined under the Wajib Ul Arj, he appointed the present petitioner i.e. Chetan Swaroop @ Chuni Lal as Kardar of Devta Markandai Rishi and Devi Bala Durga of Phati Balagad, Kothi Shikari, Tehsil Banjar, District Kullu.

(3.) Feeling aggrieved by the said order, the present respondent assailed the same by preferring an appeal under Section 14 of the H.P. Land Revenue Act before Divisional Commissioner, Mandi. Learned Divisional Commissioner, in his wisdom, adjudicated the said appeal on merit and dismissed the appeal so filed by the present respondent, vide order dated 15.5.2010, Annexure P-5. Order passed by learned Divisional Commissioner, Mandi was thereafter assailed by the present respondent by way of revision petition No. 116 of 2011 filed under Section 17 of the H.P. Land Revenue Act before Financial Commissioner (Appeals), Himachal Pradesh. Revision petition so filed by the present respondent was allowed by the Financial Commissioner (Appeals), vide order dated 6.9.2011, which stands assailed by way of present writ petition.