LAWS(HPH)-2019-4-217

GIAN CHAND Vs. STATE OF HIMACHAL PRADESH

Decided On April 17, 2019
GIAN CHAND Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) This Intra Court Appeal filed under Clause 10 of Letters Patent Act of Delhi High Court as applicable to the H.P. High Court, is directed against the judgment dtd. 20/5/2015, passed by learned Single Judge in CWP No.699 of 2008, whereby writ petition having been filed by the petitioner (hereinafter referred to as the 'appellant') has been dismissed, as a consequence of which, order dtd. 23/1/2008, passed by the Additional Director, Land Consolidation Department, Himachal Pradesh, came to be upheld.

(2.) For having bird's eye view, necessary facts as emerge from the record are that appellant filed an application under Sec. 28(1) of the H.P. Land Holding (Consolidation and Prevention of Fragmentation) Act, 1971((hereinafter referred to as the 'Act') before the Consolidation Officer, Una, for formation of one unit of land in 'J Block' with his wife, which came to be allowed by the Settlement Officer (Consolidation) vide order dtd. 21/3/1989.

(3.) Being aggrieved and dissatisfied with the aforesaid order passed by the Settlement Officer, Una, appellant preferred an appeal under Sec. 30(3) of the Act, in the year 1991, which was dismissed as withdrawn on 15/9/1994. It is not disputed before us that aforesaid order passed by the Settlement Officer, Consolidation of Holdings, never came to be assailed by way of appeal, if any, under Sec. 30(4) of the Act.