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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Ashok Rai – Appellant
Versus
Financial Commissioner (Appeals), Shimla, H.P – Respondent
| Table of Content |
|---|
| 1. revision not maintainable when appeal available under section 14 (Para 1 , 2 , 3) |
| 2. condonation order appealable to commissioner, not interlocutory despite petitioner's contention (Para 4) |
| 3. writ dismissed; time spent excluded for limitation (Para 5) |
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioner feels aggrieved against the order passed by respondent No.1-Financial Commissioner (Appeals), H.P. on 08.02.2024 holding that revision petition preferred by the petitioner was not maintainable in view of remedy of appeal available to him. Liberty was granted to the petitioner to avail appellate channel. The period spent by the petitioner in pursuing the revision petition before the Financial Commissioner (Appeals), was also ordered to be excluded for the purpose of limitation.
2. Heard learned counsel for the parties and considered the case file.
3. Partition proceedings initiated under the H.P. Land Revenue Act, 1954 (hereinafter referred to as Act) were pending before the Assistant Collector, First Grade, Dharamshala. Petitioner was also party thereto. The Assistant Collector, First Grade, passed an order therein on 17.06.2017 accepting the mode of partition and sanctioned th
Order condoning delay under Limitation Act Section 5 by Collector in revenue appeal is appealable to Commissioner under Land Revenue Act Section 14 as it conclusively decides limitation, not interloc....
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....
The main legal point established in the judgment is the interpretation of the jurisdiction of the Financial Commissioner and the Commissioner in revising partition orders under the un-amended and ame....
The obligation to consider the application for stay on merits and the requirement to suspend the operation of an order with serious civil consequences during the pendency of the appeal.
The main legal point established in the judgment is the interpretation of the provisions of Section 16 of the Punjab Land Revenue Act, 1887 and the Haryana Land Revenue Act, 1887, regarding the autho....
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