IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 25th DAY OF NOVEMBER 2021 BEFORE HON’BLE MS. JUSTICE JYOTSNA REW AL DUA CIVIL WRIT PETITION No. 4373 of 2021 Between:-

1. NIRMALA DEVI W/O LATE SH. PUNNU RAM R/O VILLAGE BHARIYAN TEHSIL & DISTT. CHAMBA, H.P.

2. AJAY KUMAR S/O LATE SH. PUNNU RAM R/O VILLAGE BHARIYAN TEHSIL & DISTT . CHAMBA, H.P.

3. HEM LATA D/O LATE SH. PUNNU RAM R/O VILLAGE BHARIYAN TEHSIL & DISTT. CHAMBA, H.P.

…..PETITIONERS (BY SH. PARVEEN CHAUHAN, ADVOCATE)

AND

1. THE STATE OF H.P. THROUGH SECRETARY (REVENUE) TO THE GOVT. OF H.P.

SHIMLA H.P.

2. THE FINANCE COMMISSIONER (APPEALS)

H.P. SHIMLA-2.

3. THE DIVISIONAL COMMISSIONER, KANGRA DIVISION AT DHARMSHALA, DISTT. KANGRA H.P.

4. THE SUB-DIVISIONAL COLLECTOR CHAMBA H.P.

5. THE ASSTT. COLLECTOR 1ST GRADE CHAMBA, H.P.

6. SH. RUMAL SINGH S/O SH. MOHAN LAL R/O VILLAGE BHARIYAN TEHSIL & DISTT CHAMBA H.P.

7. SH. RAJKUMAR S/O SH. DHARMU, R/O VILLAGE AND PARGNA BHARIAN, TEHSIL & DISTT. CHAMBA, H.P. 8. SMT. RATTNI DEVI, WD/O LATE SH. AMAR SINGH R/O VILLAGE BHARIAN, P.O. KUPHADA, TEHSIL & DISTT. CHAMBA, H.P.

9. SH. RAKESH KUMAR, S/O LATE SH. AMAR SINGH R/O VI LLAGE BHARIAN, P.O. KUPHADA, TEHSIL & DISTT. CHAMBA, H.P.

10. SH. UTTAM SINGH S/O LATE SH. AMAR SINGH R/O VILLAGE BHARIAN, P.O. KUPHADA, TEHSIL & DISTT. CHAMBA, H.P.

11. SH. KEWAL KRISHAN S/O LATE SH. PUNNU RAM, R/O VILLAGE BHARIYAN TEHSIL & DISTT. CHAMBA H.P.

12. SMT. INDU D/O LATE SH. PUNNU RAM, W/O SH. OM PARKASH R/O VILLAGE GRANJAR (GOLI)

P.O. GOLI, TEHSIL DALHOUSIE DISTT. CHAMBA H.P.

13. SMT. BANDANA D/O LATE SH. PUNNU RAM, W/O SH. KISHORI LAL R/O VILLAGE GRANJAR (GOLI)

P.O. GOLI, TEHSIL DALHOUSIE DISTT. CHAMBA H.P.

.....RESPONDENTS (SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERAL WITH SH. VIKRANT CHANDEL, DEPUTY ADVOCATES GENERAL FOR R-1 TO R-5, SH. B.S. CHAUHAN, SENIOR ADVOCATE WITH SH. MUNISH DATWALIA, ADVOCATE, FOR R-6, NEMO FOR REMAINING RESPONDENTS)

WHETHER APPROVED FOR REPORTING? YES _______________________________________________________

This petition coming on for hearing this day, the Court passed the following:

O R D E R

On 4.3.200o9 the Assistant Collector First Grade, Chamba ( in shoCrt A.C. First Grade) ordered for preparing document of partition on stamp papers. This order was assailed by petitioner No. 1 before the Collector, Chamba who vide order dated 24.8.2009 dismissed the appeal. The order passed by the Collector was assailed by all the three petitioners before the Divisional Commissioner, Kangra Division by means of a revision petition. This revision petition was also dismissed on 2.7.2011. The petitioners thereafter preferred second revision petition before the Financial Commissioner (Appeals) Himachal Pradesh. This revision petition was also dismissed on 30.1.2014. Aggrieved, the petitioners have preferred the present petition assailing all the orders passed by the revenue authorities.

2. Facts

2(i) Respondent No. 6 moved an application under Section 123 of the H.P. Land Revenue Act, 1954 before the A.C. First Grade, Chamba for partition of joint land comprised in Khata/Khatoni No. 19/25-27, Kita 16 measuring 17-18 bighas situated in Mohal Ohali, Tehsil and Di strict Chamba. Petitioners No. 2 and 3 are children of petitrioner No. 1 and were minors at that time. They were sued in the partition proceedings through their natural guardian and mother i.e. petitioner No. 1.

2(ii) Petitioner No. 1 was served for appearing in the partition proceedings for 25.6.2007 before the A.C. First Grade. She did not remain present, therefore, was proceeded exparte. On 14.8.2007 summons were sent to petitioners No. 2 and 3 through their mother and natural guardian petitioner No. 1. Summons were also issued to petitioner No. 1 for appearance on 18.10.2007. Petitioner No. 1 who had already been proceeded exparte on 25.6.2007 did not appear in the court on 18.10.2007 as well. Petitioners No. 2 and 3 were also proceeded exparte. Mode of partition was prepared by the A.C. First Grade on 30.11.2007. Record was sent to the Field Kanungo