The Court held that the Deputy Commissioner lacked jurisdiction to cancel a bonafide Himachali certificate granted by the Tehsildar, as no appeal lies against a grant order under the relevant instructions. The impugned order was quashed.
Order dated 7.5.2007 passed by the Deputy Commissioner, Solan, cancelling the bonafide Himachali certificate is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 774 of 2007
Date of decision: 07.12.2010.
Ranjit Singh
… Petitioner.
Versus
State of H.P & others …Respondents.
Coram
The Hon’ble Mr.Justice Deepak Gupta, J.
Whether approved for reporting?1 . No.
________________________________________________________________ For the petitioner: Mr. G.D. Verma, Sr. Advocate with Mr. B.C. Verma, Advocate. For the respondents No. 1 to 3: Mr. Vivek Singh Thakur, Addl. AG. For the respondent No.4: Mr. K.D. Sood, Advocate.
Deepak Gupta, J. (oral)
1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes.
occupation. The Tehsildar of the area to which the applicant belongs is entitled to grant such certificate. It is not disputed that such certificate was granted to the petitioner on account of the fact that his mother Smt. Bachni Devi owned some land in Tehsil Ramshehar and after her death 5 biswas of land out of her share was mutated in favour of the petitioner Ranjit Singh. This certificate was granted in the year 1991 and the petitioner thereafter got employment as driver in the HRTC some time in the year 1991 itself. He admittedly has been working as driver in HRTC since then and by now has completed 15 years of service in Himachal Pradesh and therefore as of today would be a bonafide Himachali.
has been issued on account of furnishing false information by the applicant or some fraud played by him. Administrative authorities has a right to review their decisions, but in such an eventuality if the Tehsildar does not review its decision then the Government i.e. the Secretary concerned can reverse the decision. However the Deputy Commissioner is not vested with such appellate/revisional powers and therefore had no jurisdiction to pass such orders.
In view of the above discussion without going into the merits of the case it is held that the order of the Deputy Commissioner being without jurisdiction is illegal and the same is quashed. The writ petition is allowed in the aforesaid terms. No costs.
( Deepak Gupta ) Judge. 7th December, 2010 (guleria)
2 issues framed by the court
Whether the Deputy Commissioner had jurisdiction to cancel a bonafide Himachali certificate granted by the Tehsildar.
Whether an appeal lies against an order granting a bonafide certificate under the instructions issued by the State.
1 provisions across 1 enactments
Ranjit Singh
State of H.P
Deepak Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
