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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Dalip Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition challenges orders disturbing consent-based partition confirmation. (Para 1 , 2) |
| 2. remand ordered for conforming revenue records to civil decree. (Para 3 , 4) |
| 3. new grounds not raised before first appellate cannot be considered later. (Para 5 , 6 , 7 , 8) |
| 4. impugned orders quashed; lower appellate order upheld. (Para 9) |
JUDGMENT :
Ajay Mohan Goel, Judge
By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-
“i) That the dated 15-11-2016 impugned order (ANNEXURE P-5) may kindly be quashed by issuing the Writ of Certiorari.
ii) That the recommendations of the Divisional Commissioner, Mandi vide order dated 23-09-2014 (Annexure-P/4) may kindly be set-aside and the order passed by the Ld. Sub-Divisional Collector Ghumarwin may kindly be affirmed in the interest of law and justice.”
2. Brief facts necessary for the adjudication of this petition are that petitioner Dalip Singh applied for the partition of land that was jointly owned by the parties situated in Village Massour, Pargna, Tiun, Tehsil Ghumarwin, District Bilaspur, before Assistant Collector 1st Grade, Ghumarwin. The claim was allowed by Assistant Collector 1st Gr
Higher appellate authorities cannot consider new facts/pleas not raised before first appellate authority; no interference with lower order absent proven perversity.
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.
Quasi-judicial authority dismissing revision must pass reasoned order addressing grounds raised and independently apply mind to lower orders; mere upholding without reasoning renders it invalid.
An unchallenged mode of partition results in the finality of the partition instrument, making subsequent challenges to the instrument unsustainable.
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.
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