ATMA RAM Vs. SHAMSHER SINGH

JUDGEMENT

(1.) This is a petition for revision of the orders of the Sub -Divisional Officer (Civil), Nahan, exercising the powers of the Collector, recommended "by the learned Commissioner, vide his orders dated 29 -2 -1976 under the provisions of section 17 of the Himachal Pradesh Land Revenue Act, 1953.

(2.) The facts of this case, in brief, are that Shri Shamsber Singh and others, the present respondents applied for the partition of Shamlat land, situate in Village Trilokpur, measuring 7742 -2 bighas to the Assistant Collector, 1st Grade, Nahan on 15 -7 -1971. The Assistant Collector 1st Grade - sanctioned the partition by his order dated 27 -8 -1974. Aggrieved by the order of the Assistant Collector 1st Grade, the present petitioner and others filed an appeal before the Collector, Nahan Sub -Division on 5 -2 -1975. The appeal was dismissed by the Collector in his order dated 15 -2 -1975 on the ground of limitation. This order of dismissal was further agitated by the petitioner and others before the learned Commissioner in revision, who after hearing the parties has recommended to this Court that the impugned order of Collector being illegal and had in law be set aside and that he may be directed to hear the appeal on merits as it was filed in time before him. It is in this background that the case has come up before me for my orders.

(3.) I have heard the learned counsel for both the parties at length and have considered the records of the case carefully.