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1996 Supreme(HP) 88

A.L.VAIDYA
HIRA SINGH THAKUR – Appellant
Versus
BALI RAM – Respondent


Advocates Appeared:
For the appellant(s)/petitioner(s):Gian Chand Gupta, Advocate. For the respondents No. 1 and 2:K. D. Sood, Advocate. For the respondent No. 3:Mrs. Shyama Dogra, Deputy Advocate General.

JUDGMENT

A. L. Vaidya, J.—Through the present petition under Article 227 of the Constitution of India, the petitioner has prayed for quashing of the order dated 6th April, 1993 passed by the Financial Commissioner (Revenue and Appeals) Himachal Pradesh, Shimla. The said order runs as under: "6-4-1993. In this case Settlement Officer Shimla District is directed to inspect the spot personally in the presence -of the parties and to send his report to this Court before 29th June, 1993 that who is in actual cultivating possession of land Khasra No. 232/ 210 (old) area measuring 5.13 Bighas, Case to come up for hearing on 29th June, 1993."

2. The facts giving rise to the present proceedings are that the proprietary rights of the land under reference were granted in favour of the petitioner and respondent No. 4 under section 104 of the H.P. Tenancy and Land Reforms Act, and in this behalf mutation was sanctioned in the year 1988 (Annexure P-l). Present respondents 1 and 2 preferred au appeal against the said order of mutation before the Collector, who, after hearing the parties, dismissed the appeal vide order dated 21st February, 1989 (Annexure P-3). Annexure P-2 is the grounds of appeal t















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