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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Hira Singh Chandel – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
Being aggrieved and dissatisfied with the order dated24.01.2024 passed by learned Financial Commissioner (Appeals), Himachal Pradesh at Shimla, dismissing Petition No.371 of 2023, titled Hira Singh Chandel Vs. Amar Singh Chandel and Others, whereby revision petition field by the petitioner herein under Section 17 of Himachal Pradesh Land Revenue Act, 1954, laying therein challenge to order dated 13.07.2023, passed by learned Sub-Divisional Collector, Shimla (Rural), District Shimla, Himachal Pradesh, in case No.21-VIII/2016, upholding the order dated 18.02.2016 passed by Assistant Collector, 2nd Grade, Dhami, District Shimla, in partition case No.04/2016, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein to set-aside afore orders passed by revenue authorities.
2. Precisely, the facts of the case, as emerge from the record are that partition case No.4 of 2016, came to be instituted in the Court of learned Assistant Collector, 2nd Grade, Dhami, District Shimla, Himachal Pradesh. Vide order dated 18.02.2016, learned Assistant Collector, 2nd Grade, Dhami, District Shimla, disp
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 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....
The main legal point established is that the service of summons in partition proceedings must comply with the law, and the Financial Commissioner has the power to review the legality of orders passed....
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 the validity of partition proceedings, confirming adherence to legal principles and due process, dismissing petitions challenging the partition as meritless.
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