DURGA SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) BRIEF facts necessary for the adjudication of this petition are that the petitioner had filed Civil Suit No. 69 of 1999 in the Court of Sub Judge, Ist Class, Sundernagar on 16.3.1999 for declaration with consequential relief of permanent prohibitory injunction. The suit was dismissed by the learned Sub Judge on 2.6.2003. However, issue No. 3 was decided in favour of the petitioner by the learned Sub Judge. The petitioner on the basis of the findings recorded in issue No. 3 moved an application before the Assistant Collector, Ist Grade (Tehsildar) on 14.10.2003 for carrying out corrections in the revenue records. The application was dismissed by the Assistant Collector, Ist Grade, Sundernagar on 12.4.2004. He preferred an appeal before the Collector, Sundernagar on 6.5.2004. The same was dismissed by the learned Collector on 12.1.2005. He preferred a revision petition before the learned Commissioner, Mandi on 12.7.2005 assailing the order dated 12.1.2005 passed by the Collector, Sundernagar. The Commissioner accepted the revision and recommended his case to the Financial Commissioner (Appeals) for passing appropriate orders on 6.3.2006. The learned Financial Commissioner (Appeals) rejected the recommendations made by the Commissioner on 10.11.2006.

(2.) MR . Subhash Sharma has strenuously argued that the order dated 10.11.2006 passed by the Financial Commissioner (Appeals) is not sustainable. He then contended that on the basis of the findings recorded by learned Sub Judge in Civil Suit No. 69 of 1999 decided on 2.6.2003 the necessary corrections were required to be made in the revenue record. He has relied upon Section 38 of the Himachal Pradesh Land Revenue Act, 1953. The learned Senior Additional Advocate General and Mr. G.R. Palsra have supported the order dated 10.11.2006.

(3.) THE petitioner has filed a civil suit as noticed above for declaration with consequential relief of permanent prohibitory injunction in the Court of learned Sub Judge, Ist Class, Sundernagar. The trial Court has framed the following issues : -