IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Sukhdev Singh Parmar – Appellant
Versus
Financial Commissioner (Appeals) – Respondent
JUDGMENT :
(Ajay Mohan Goel, J.)
By way of this writ petition, the petitioner has prayed for the following substantive reliefs:-
“(i) That the impugned order dated 25.03.2014 passed by the Learned Financial Commissioner (Appeal) Himachal Pradesh respondent No. 1 in Revision Petition No. 148/2010, whereby the order dated 09.04.2010 passed by the Divisional Commissioner Kangra at Dharamshala in Revision Petition No. 235/2009, order dated 22.12.2008 passed in Case No. 15/2007 by the Learned Sub-division Collector Palampur and order dated 21.03.2007 passed by the Learned AC First Grade Palampur passed in case No. 23/2007 at Annexure P-2 to Annexure P-5 respectively may kindly be quashed and set aside and the suit land may kindly be ordered to be repartitioned strictly in accordance with the mode of partition prepared, in the interest of justice.”
2. The petitioner herein is aggrieved by the orders that have been passed by the Quasi-Judicial Authorities against the final partition which was assailed by the petitioner.
3. Brief facts necessary for the adjudication of this writ petition are that an application was moved before Assistant Collector 1st Grade, Palampur, District Kangra, H.P. by o
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.
An unchallenged mode of partition results in the finality of the partition instrument, making subsequent challenges to the instrument unsustainable.
Partition of land - Power to call for, examine and revise proceedings of Revenue Officers - In exercise of revisional jurisdiction by the Commissioner, he cannot modify or reverse orders of his subor....
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