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2006 Supreme(HP) 396

RAJWANT SANDHU
SUNKA RAM – Appellant
Versus
PRAKASH CHAND – Respondent


Advocates Appeared:
Shri K.C. Bhatia, Advocate, for the Petitioner; Shri Ashok Sharma, Advocate, for the Respondent No. 1; Shri R.C.Sharma, Advocate, for the Respondents No. 2 to 9.

Order

This revision petition has arisen on the recommendation of Divisional Commissioner, Mandi Division dated 28.12.2005 passed by him in revision petition No. 599/2003.

2. Brief facts of the case are that the present petitioner filed an application on 24.03.1994 before the Settlement Tehsildar. Nadaun exercising the powers of Assistant Collector, 1st Grade for partition of land comprised in khata.khatauni No. 172/182, khasra Nos. 1101, 1445, 1448, 1457, 1458 and 1461, kita 6, measuring 12-14 kanals, situated in Mahal Basaral, Tehsil Nadaun, District Hamirpur. The Assistant Collector, 1st Grade, Nadaun processed the case and devised the mode of partition on 01.05.1996 and the final partition was sanctioned on 02.12.1996. Shri Sunka, the present petition filed an appeal before the Collector, Settlement Hamirpur who accepted the same on 08.05.1998 and remanded the matter to the Assistant Collector, 1st Grade to decide the matter afresh after verifying the claim on the spot. On remand, the case was again processed and the Assistant Collector, 1st Grade finalized the partition vide order dated 28.06.1999. Feeling aggrieved by this order dated 28.06.1999, Shri Sunka Ram, present petition






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