O R D E R

Having regard to the nature of the order proposed to be passed in the instant proceedings, there appears to be no reason for this Court to issue notice to the respondent and as such, same is dispensed with.

2. By way of instant Civil Revision Petition filed under Section 115 CPC, challenge has been laid to order dated 19.07.2022 passed by learned Civil Judge, Nahan, District Sirmaur, Himachal Pradesh, in Civil Suit No.18 of 2022 titled as Ran Singh versus State of Himachal Pradesh through District Collector Sirmaur at Nahan, whereby learned court below ordered that pleadings alongwith supporting affidavits filed by the State cannot be considered as proper and therefore, State is advised to file the same as per law. While passing aforesaid order, learned court below also directed the District Collector to compensate the respondent-plaintiff personally for the delay by depositing cost of Rs. 3000/-.

3. Precisely, the facts of the case, as emerge from the record are that a civil suit titled as Ran Singh versus State of H.P. through District Collector Sirmaur at Nahan is pending adjudication. Pursuant to the notice issued in the aforesaid suit, revisionist-State filed written statement duly signed by Additional Deputy Commissioner, but learned Civil Judge after having perused the same, observed that Additional Deputy Commissioner is/was not entitled to sign the written statement and affidavit attached alongwith it, is false, as she was not competent to sworn in affidavit on behalf of the Collector. Though, learned ADA representing the petitioner/defendant invited attention of the court below to the Notifications dated 25.01.1971 and 14/27.10.1983 (Annexures R-2 & 3) issued by Government of Himachal Pradesh, authorizing Collector to file, sign and depose on behalf of State in legal cases pending in the various courts of law, but yet court below while passing of order dated 19.07.2022 recorded the finding that written statement filed to the Civil Suit cannot be said to be on behalf of Collector, as was not signed by him/her, rather same was signed by Additional District Magistrate.

4. Prior to passing of aforesaid order, similar order and direction was issued by Court below in Civil Suit No.60 of 2020 titled as Prithvi Singh and others vs. State of H.P. and others, wherein also pleadings on behalf of the respondent-State-revisionist was signed by Additional Deputy Commissioner, Court below having taken note of the fact that Additional Deputy Collector was not competent to sing the proceedings on behalf of the respondent-State, asked the officer concerned to explain why criminal complaint for the commission of offence punishable under sections 177, 197, 419, 468 and 471 should not be filed against her.

5. Being aggrieved and dissatisfied with the aforesaid order, respondent-State approached this Court by way of Civil Revision No.130 of 2020, titled as The State of H.P. vs. Prithvi Singh and others and this Court vide order dated 1st August, 2022 (Annexure R-5) quashed and set-aside the order darted 2.4.2022 passed by learned Senior Civil Judge, Nahan, District Sirmaur, H.P, specifically observing in the order that vide Notification dated 27.10.1983, Government of Himachal Pradesh has conferred upon all the District Magistrates/Additional Deputy Commissioners in H.P., all the powers of Collector under the H.P. Land Revenue Act, 1953, to be exercised by them within local limitation of their respective jurisdiction. This Court also took cognizance of Notifications dated 25.01.1971 and 14/27.10.1983, issued by Government of Himachal Pradesh, authorizing collector to file, sign and depose on behalf of the State in legal cases pending in the various court of law. Besides above, vide Notification dated 29.05.1999, issued by the Secretary (Revenue) to the Government of Himachal Pradesh, Governor of Himachal Pradesh was pleased to confer powers of Collector upon all such IAS/HPAS, who are posted as ADC- cum-ex-officio Project Officers