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.

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, 2^nd 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, 2^nd Grade, Dhami, District Shimla, Himachal Pradesh. Vide order dated 18.02.2016, learned Assistant Collector, 2^nd Grade, Dhami, District Shimla, disposed of the afore partition case and prepared mode of partition (Annexure P-5). After seven years of passing of afore order dated 18.02.2016 by learned Assistant Collector, 2^nd Grade, Dhami, District Shimla, petitioner herein, who had actually consented for the mode of partition, prepared by the competent authority, filed an appeal under Section 14 of the Act, in the Court of learned Sub-Divisional Collector (Rural), Shimla, District Shimla, on following grounds:

“1. That the opportunity of being heard was not provided to the present appellant by the learned lower Court and he has wrongly been proceed ex parte in violation of principle of natural justice.

2. That the appellant has not been summoned by the learned Assistant Collector before finalizing the partition proceedings which has seriously prejudiced the rights of the appellant since he has been condemned unheard without effecting any service upon him.

3. That classification of land has not been considered while carrying out the partition of the land on the spot and major portion of land classified as Bakhal Awal and adjacent to the National Highway was allotted to the respondent No.1 which is against the settled principles of law.”

3. Afore authority after having heard the parties and perused the record, proceeded to dismiss the appeal vide order dated 13.07.2023 (Annexure P-6). Being aggrieved and dissatisfied with aforesaid order passed in appeal, petitioner further approached learned Financial Commissioner (Appeals) by way of revision petition, as detailed hereinabove, which also came to be dismissed vide order dated 24.01.2024. In the afore background, petitioner has approached this Court in the instant proceedings praying therein to set-aside orders passed by revenue authorities, thereby upholding the partition.

4. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Peeyush Verma, learned Senior Counsel representing the petitioner, duly assisted by Mr. Ajay Thakur, Advocate, is that no opportunity of being heard was ever afforded to the petitioner by the Assistant Collector, 2nd Grade and he was wrongly proceeded ex parte, which is violative of principles of natural justice. While making this Court peruse documents adduced on record, Mr. Peeyush Verma, learned Senior Counsel representing the petitioner vehemently argued that no summon was ever issued by learned Assistant Collector, 2^nd Grade, before deciding the partition proceedings, as a result thereof, serious prejudice has been caused to the petitioner, who has been admittedly allotted lesser land in comparison to other land-owners. He further submitted that bare perusal of mode of partition prepared by Assistant Collector, 2nd Grade, reveals that classification of land was not cons