Parties accepting land demarcation via signed joint statement on spot cannot subsequently object or appeal, as Section 107(7) H.P. Land Revenue Act bars challenges when no objections raised during proceedings.

JUDGMENT :
Jyotsna Rewal Dua, J.

Petitioner feels aggrieved against the concurrent orders passed by the three Revenue Authorities below, whereby his objections to the demarcation report were dismissed.

2. Heard learned counsel for the parties and perused the case file.

3. Facts

3(i) A civil suit was preferred by the predecessor of respondents No. 3 & 4 against one Sh. Lekh Ram, predecessor-in- interest of the present petitioner and respondents No. 9 & 10, as also other parties. The civil suit was instituted on 21.04.2009 for permanent prohibitory and mandatory injunction under Sections 34, 38 & 39 of the Specific Relief Act. Subject matter of the civil suit was land measuring 0-4-8 bighas comprised in Khewat No. 18, Khatauni No.20, Khasra No. 48 situated in Muhal Padsal, Tehsil Sundernagar, District Mandi. Learned Civil Court dismissed the suit on 30.08.2012 holding that the plaintiff had failed to establish his ownership and possession over the suit land and that the defendant was the recorded owner in possession of the suit land and did not owe any legal obligations towards the plaintiff qua the suit land.

3(ii) Present petitioner moved an application before the concerned revenue authority seeking demarcation of land comprised in Khasra Nos. 48 & 270, Mohal Padsal, Tehsil Sundernagar, District Mandi. The concerned authority ordered issuance of notice/information to the affected parties for their presence on the spot on 18.02.2019.

Page 40 of the paper book (part of Annexure P-6) reflects an order passed by the competent authority on 18.02.2019 recording that demarcation of the aforesaid two khasra numbers was carried out in accordance with law in presence of all parties. At page 41 of the paper book (part of Annexure P-6) are the statements made by the concerned affected parties, including the petitioner, stating that the demarcation of Khasra Nos. 48 & 270 was carried out in accordance with law in their presence; That they understood and comprehended the demarcation so carried out, and accepted the same. The said joint statement dated 18.02.2019 bears the signatures of the affected parties, including that of the present petitioner.

3(iii) Subsequent thereto, the petitioner filed objections to the aforementioned demarcation before the Assistant Collector Second Grade, Sundernagar. His objections were that: (i) For the purpose of carrying out demarcation, statements of parties regarding the fixed points were not recorded prior to commencement of demarcation; and (ii) Other co-sharers were not present on the spot and the land was demarcated in their absence. 3(iv) Petitioner’s objections were dismissed by the Assistant Collector Second Grade on 19.02.2020 (Annexure P-8). The appeal preferred by him was also dismissed by the Sub Divisional Collector, Sundernagar on 28.01.2022. The revision petition filed by him thereafter was also dismissed vide order dated 11.11.2025 passed by the Divisional Commissioner, Mandi, exercising the powers of Financial Commissioner (Appeals), Himachal Pradesh.

Feeling aggrieved by the aforesaid orders dismissing his objections against the demarcation conducted by the competent authority, the petitioner has preferred the present writ petition.

4. Heard & considered the case file.

Learned Senior Advocate for the petitioner has emphasised that the demarcation conducted by the competent authority on 18.02.2019 was not in accordance with law and that the applicable standing instructions issued by the Financial Commissioner (Appeals), Himachal Pradesh concerning demarcations, were not adhered to with while demarcating the land in question. It was further contended that the Revenue Authorities have dismissed petitioner’s objections against the demarcation only on an irrelevant aspect about the same having been conducted in his