LAWS(HPH)-2019-9-50

JOGINDER DUTT Vs. STATE OF HIMACHAL PRADESH

Decided On September 09, 2019
Joginder Dutt Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of this Petition, petitioner has prayed for following relief:-

(2.) Brief facts necessary for the adjudication of the present petition are that pursuant to the death of one Shri Devi Dutt, some of his legal representatives approached the Revenue Authorities for attestation of mutation in their favour with regard to the propriety of deceased.

(3.) Vide Annexure P-1, the application so filed was rejected by the Revenue Authorities inter alia on the objection taken by present petitioner that there was a Civil Suit pending in the Court of learned Civil Judge (Junior Division), Court No.II, Rohru, pertaining to the inheritance of the propriety of Shri Devi Dutt, i.e. Civil Suit No. 40-6/2013, in which there was an interim order passed by the Court, whereby it was ordered by the Court that the parties were to maintain status-quo, qua the suit land. A perusal of Annexure P-1 demonstrates that the Revenue Authority dismissed the application on the ground that as the matter was sub judice, therefore, till the adjudication of the lis by the Civil Court, it was dismissing the application.