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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
G.S. Sandhawalia, CJ, Ranjan Sharma, J
Dharam Singh – Appellant
Versus
Sheela (since deleted) – Respondent
JUDGMENT :
G.S. Sandhawalia , CJ.
Consideration in the present Letters Patent Appeal is to the judgment in passed on 30.07.2019 by the learned Single Judge in Civil Writ Petition No. 4306 of 2011, whereby the writ petition filed by the writ petitioners has been dismissed.
2. Challenge in the writ petition as such was to the order dated 26.04.2011, passed by the Financial Commissioner (Appeals) H.P., whereby the right of the petitioners, who are the legal heirs of Surat Ram Mahantan regarding issue of mutation was termed as an attempt to alienate the land by misusing the provisions of the H.P. Tenancy and Land Reforms Act, 1972 (in short ‘the Tenancy Act’) to avoid payment of stamp duty. The Financial Commissioner upheld order dated 06.11.2022, passed by the Commissioner (Revenue), which was subject matter of Revision Petition filed before the Financial Commissioner, while coming to the conclusion that the order passed by the Commissioner (Revenue) was a detailed and well reasoned order where he has delved with the evidence adduced by the Field Revenue Officers including the Settlement Collector, Shimla, Division. Resultantly, the prayer as such to uphold Mutation No. 1478, attested on
The Assistant Collector lacked jurisdiction to confer proprietary rights under the Tenancy Act, and fraudulent actions in mutation proceedings are void.
Mutation proceedings are fiscal inquiries and do not determine right, title, and interest in the property. The mandatory requirements under section 14(2) must be adhered to, and disputes regarding ri....
Tenancy rights cannot be terminated without due process under the Tenancy Act, and any mutation affecting such rights must follow proper notice procedures.
The mandatory reporting of acquisition of legal right and interest within 6 months, the jurisdiction of revenue courts in mutation proceedings, and the principle of estoppel were central legal points....
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
Section 27 relates to prohibition of transfer of any Urban land with a building thereon. Apart from legal position that Sec. 27 has been struck down as ultra vires, it is quite obvious that no such q....
Defendant had also specifically averred that he had taken recourse to legal proceedings under provisions of H.P. Land Revenue Act and H.P. Tenancy of Land Reforms Act for correction of revenue entrie....
The revisional authority under the Bihar Tenant’s Holdings (Maintenance of Records) Act has a narrower jurisdiction than that of an appellate authority, and disputes regarding title must be resolved ....
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