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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Ramji Dass – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioners have, inter alia, prayed for the following reliefs:-
“i. That writ in the nature of certiorari may very kindly be issued and impugned order Annexure P-7, Annexure P-6 may very kindly be quashed and set aside.
ii. That writ in the nature of mandamus may very kindly be issued by directing the respondents authorities not to act upon in furtherance of impugned order dated
20/11/2023 i.e. Annexure P-7.”
2. Brief facts necessary for the adjudication of the present petition are that the private respondents herein filed an application for partition of the property which culminated into preparation of mode of partition, dated 17.10.2011 (Annexure P-2), which was assailed by the present petitioners before Collector, Theog, District Shimla, H.P. and in terms of decision dated 27.11.2012 (Annexure P-3), the appeal filed by the present petitioners was allowed in the following terms:-
“I have carefully gone through the entire averments placed before me and am convinced that the Court below had not complied with the orders of this Court passed on dated 31.12.2008. He passed the impugned orders in haste. Therefore, I accept these app
An unchallenged mode of partition results in the finality of the partition instrument, making subsequent challenges to the instrument unsustainable.
The main legal point established in the judgment is that the mode of partition, if not challenged within the statutory limit, attains finality, and the court will not entertain complaints about it af....
Consent orders binding parties must be honored unless evidence of fraud or misrepresentation is provided.
Judicial review under Article 226 is limited to procedural irregularities; the court does not act as an appellate authority over quasi-judicial decisions unless glaring errors are present.
The court upheld that consent to partition proceedings precludes claims of violation of natural justice, affirming the legality of the actions taken by revenue authorities.
The court upheld the validity of the partition proceedings under the Punjab Land Revenue Act, affirming that due process was followed and petitioners had adequate opportunity to raise objections, whi....
The court upheld the partition proceedings as lawful, confirming adherence to the approved mode of partition and dismissing claims of unjust disturbance of possession.
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