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2021 Supreme(HP) 974

JYOTSNA REWAL DUA
Nirmala Devi W/o Late Sh. Punnu Ram – Appellant
Versus
State Of H. P. Through Secretary (Revenue) To The Govt. Of H. P. Shimla H. P. – Respondent


Advocates Appeared:
For the petitioners:Sh. Parveen Chauhan, Advocate)
For the Respondents:Sh. Ashwani Sharma, Additional Advocate General with Sh. Vikrant Chandel, Deputy Advocates General for R-1 TO R-5, Sh. B.S. Chauhan, Senior Advocate with Sh. Munish Datwalia, Advocate for R-6, Nemo for Remaining Respondents

ORDER :

1. On 4.3.2009 the Assistant Collector First Grade, Chamba ( in short A.C. First Grade) ordered for preparing document of partition on stamp papers. This order was assailed by petitioner No. 1 before the Collector, Chamba who vide order dated 24.8.2009 dismissed the appeal. The order passed by the Collector was assailed by all the three petitioners before the Divisional Commissioner, Kangra Division by means of a revision petition. This revision petition was also dismissed on 2.7.2011. The petitioners thereafter preferred second revision petition before the Financial Commissioner (Appeals) Himachal Pradesh. This revision petition was also dismissed on 30.1.2014. Aggrieved, the petitioners have preferred the present petition assailing all the orders passed by the revenue authorities.

2. Facts

2(i) Respondent No. 6 moved an application under Section 123 of the H.P. Land Revenue Act, 1954 before the A.C. First Grade, Chamba for partition of joint land comprised in Khata/Khatoni No. 19/25-27, Kita 16 measuring 17-18 bighas situated in Mohal Ohali, Tehsil and District Chamba. Petitioners No. 2 and 3 are children of petitioner No. 1 and were minors at that time. They were sued in

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