IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 9696 of 2025.

Decided on : 16.06.2025 Dola Ram and others.

…Petitioners Versus State of Himachal Pradesh and others.

…Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?¹ Yes For the petitioners : M/s Ajay Kumar Dhiman and Tara Chand Chauhan, Advocates.

For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.1 to 3.

Ajay Mohan Goel, Judge (Oral By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-

“a) That writ in the nature of certiorari may kindly be issued and the order dated 3-08-2024 (P-9) passed by the Ld Financial Commissioner (Appeals) Shimla in case no 18 of 2020 titled as Dola Ram and ors Versus Jagat Ram may kindly be quashed and set aside.

1Whether reporters of the local papers may be allowed to see the judgment?

b) That writ in the nature of mandamus may kindly be issued directing the respondent not to continue the proceedings by the Ld Assistant Collector IInd Grade Bagshar (Karsog).”

2. The petitioners are aggrieved by order dated 03.08.2024, passed by the learned Financial Commissioner (Appeals), Shimla, in Revision Petition No. 18 of 2020, titled Dola Ram & Ors. Vs. Jagat Ram, in terms whereof, the recommendations made by the learned Divisional Commissioner, Mandi, in Case No. 104 of 2019, titled Dola Ram & Ors. Vs. Jagat Ram, dated 08.01.2020, to the Learned Financial Commissioner (Appeals), Himachal Pradesh, under Section 17(3) of the H.P. Land Revenue Act, 1954, for passing an appropriate order, on the strength of the order passed by the learned Divisional Commissioner, was declined by the learned Financial Commissioner and the Revision Petition was dismissed.

3. Brief facts necessary for the adjudication of this petition are that an application for demarcation and issuance of spot map was filed by the private respondent Jagat Ram, in the Court of learned Assistant Collector, 1^st Grade, Karsog, in which the present petitioners were impleaded as party respondents. Response to the said application was filed by the present petitioners. As per the record, the application filed by Jagat Ram for demarcation, was dismissed in default on 17.07.2017. An application for recalling the said order in terms of Annexure P-4, appended with the petition, was filed by Jagat Ram in which, it was averred that the applicant was not aware of the matter being listed on 17.07.2017 for the reason that on the date preceding 17.0u7.2017 i.e. 07.07.2017, the learned Presiding Officero was on tour and the case was fixed for 10.07.2017 Cwith the remarks to “recall” the parties. It was further averred in the application that thereafter no summons were received by him for his presence for 17.07.2017.

4. Said application was allowed by Assistant Collector, 1^st Grade, Karsog, on 06.12.2018, in the following terms:-

“06.12.2018: Case called.

1. Sh. Jagat Ram along with Adv. D.C. Guleria (Applicant).

2. Sh. Durga Ram (R).

3. Sh. Tara Chand for respondent No.3.

The application dated 2309.2017 under Order 9 was taken up along with reply dated 20.102018. The arguments put forth before this Court mainly on the issue of jurisdiction, delay in filing the application were considered. Orders of this Court dated 10/7/2017 followed by order dated 17/7/2017 were passed. After considering all the facts I am of the firm opinion to allow the application dated 23/9/2017. The case to resume from the proceeding of 10/7/2017. Since one party i.e. R. No. 1 is not present, the sumtmon be issued. Rest of the parties are served notice to be present on 05/01/2019.

Announced.”

5. Feeling aggrieved, the petitioners herein preferred an Appeal under Section 14 of the H.P. Land Revenue Act, against the order passed by Assistant Collector, 1^st Grade, Karsog, dated 06.12.2018. In terms of Annexure P-6, dated 07.02.2019, the Appeal was dismissed by Sub-Divisional Collector, Karsog, by assigning the following rea