##PAGE1##

2026:HHC:18120

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.7070 of 2026

Decided on: 19th May, 2026

-------------------------------------------------------------------------------------

Gian Chand …..Petitioner

Versus

Divisional Commissioner, Mandi Division

and others .....Respondents

-------------------------------------------------------------------------------------

Coram

Ms. Justice Jyotsna Rewal Duta

Whether approved for reporting?1

For the Petitioner: Mr. J.K. Verma and Mr. Mayank

oVerma, Advocates.

For the Respondents: Mr. Anup Rattan, Advocate General

with Ms. Seema Sharma, Deputy

Advocate General, for respondents No.1

to 3.

--------h----------------------------------------------------------------------------

Jyotsna Rewal Dua, Judge

Petitioner feels aggrieved against order dated

07.01.2026 passed by the Divisional Commissioner, Mandi,

exercising the powers of Financial Commissioner (Appeals),

Shimla, whereby the revision petition preferred by the

petitioner was dismissed.

2. The case

2(i). Predecessor-in-interest of private respondents

presented an application under Section 107 of the

1 Whether reporters of print and electronic media may be allowed to see the order? Yes

::: Downloaded on - 20/05/2026 20:49:39 :::CIS

2

2026:HHC:18120

Himachal Pradesh Land Revenue Act for demarcation of

land bearing Khasra No.1888, situated at Mohal Jarol, .

Tehsil Sundernagar, District Mandi before the Assistant

Collector First Grade, Sundernagar. One Sh. Shyam Lal, a

retired Kanungo, was appointed as Local Commissioner for

demarcating the land. It is an admitted position that the

Local Commissioner telephonically informed the petitioner

through concerned Patwari to appear on the spot on

29.06.2016 for the purposer of demarcation of land. It is

also an admitted position that despite intimation, the

petitioner did not apopear on the spot.

LeaCrned counsel for the petitioner submits that

information through telephonic means was not a

permihssible mode of communicating the date of

gdemarcation or calling for presence of the petitioner,

therefore, the petitioner did not appear on the spot. Be that

as it may. The fact remains that the petitioner had the

information about demarcation to be conducted on the

subject land on 29.06.2016 and he chose not to attend the

demarcation.

2(ii). Local Commissioner on 29.06.2016, demarcated

the land bearing Khasra Nos.1888/1 & 1888/2, as Khasra

No.1888 had been divided in two parts during partition

::: Downloaded on - 20/05/2026 20:49:39 :::CIS

3

2026:HHC:18120

proceedings. During demarcation, predecessor-in-interest of

private respondents and some other persons were reported .

to be present on the spot. The Local Commissioner

furnished his demarcation report to the Assistant Collector

First Grade.

2(iii). Petitioner, at this stage, filed objections to the

demarcation report. The Assistant Collector First Grade,

after hearing the petitioner, re jected his objections on

30.05.2017 and accepted ther demarcation report.

2(iv). Petitioner assailed the order dated 30.05.2017

passed by the Assisotant Collector First Grade, Sundernagar

before the ColClector. In the interest of justice and at the

joint request of parties, the Collector directed the Assistant

Collechtor Second Grade (Naib Tehsildar), Dehar to again

gdemarcate the land on the spot. The Assistant Collector

Second Grade demarcated the land on 23.10.2018 in

presence of petitioner and also predecessor-in-interest of

private respondents. Prior to demarcation, the statements

of petitioner, predecessor-in-interest of private respondents

as also some other local persons present on the spot were

recorded.

2(v). Petitioner did not accept the demarcation

carried out by the Assistant Collector Second Grade, Dehar

::: Downloaded on - 20/05/2026 20:49:39 :::CIS

4

2026:HHC:18120

on 23.10.2018. The demarcation report was submitted by

the Assistant Collector Second Grade to the Collector, i.e. .

before the Court where petitioner’s appeal against the order

dated 30.05.2017 was pending.

2(vi). On receipt