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2022 Supreme(HP) 819

SATYEN VAIDYA
Roshan Lal – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.K.Gautam, Senior Advocate with Mr. Jai Ram, Advocate.
For the Respondents:Mr. Narender Thakur, Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate

JUDGMENT :

Satyen Vaidya, J

Petitioners have filed instant petition seeking following substantive relief: -

    “(i) That the impugned orders Annexure P-1, P-3, P-4 and P-5 passed by Assistant Collector and order Annexure P-7 dated 9.6.2004, passed by Sub Divisional Officer, Annexure P-8, order date 20.3.2009, passed by Divisional Commissioner and order dated 30.8.2016, Annexure P-10, passed by Financial Commissioner, may kindly be quashed and set-aside, in the interest of justice and fair play.”

2. Brief facts necessary for adjudication of the petition are that the parties to the instant petition were co-owners of the land comprised in Khata/Khatauni No. 26/65 to 75, total measuring 0-71-55 hectares, situated in Tika and Mauza Bari, Tehsil Nurpur, District Kangra, H.P. as per jamabandi for the year 1991-92. In 1995, respondent No.5 herein, moved an application under Section 123 of the Himachal Pradesh Land Revenue Act for partition of above-mentioned joint land before the Assistant Collector 1st Grade, Nurpur. Vide order dated 2.6.1997 the mode of partition was proposed. Petitioners challenged the mode of partition dated 2.6.1997 by filing appeal before the learned Sub Divisional Collect

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