The High Court of Himachal Pradesh dismissed the appeal. It upheld the Single Judge's ruling that appellants could not re-agitate the title of partitioned land after a significant delay of 25 years.
The appeal stands disposed of along with any pending miscellaneous applications.
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
LPA No.10 of 2017
Date of decision: 29.06.2017
Som Dutt & others ..Appellants.
Versus
State of H.P& others ..Respondents
Coram:
The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice The Hon’ble Mr. Justice Sandeep Sharma, Judge
Whether approved for reporting?
For the Appellants: Mr. Anuj Nag, Advocate.
For the respondents: Mr. Shrawan Dogra, Advocate General, with Mr. Anup Rattan & Mr. Romesh Verma, Additional Advocate Generals, and Mr. J.K.Verma, Deputy Advocate General, for respondents No. 1 to 5.
Mr. Neeraj Gupta, Advocate, for respondents No.10(f), 12(b), 12(c), 14, 16(b),17(b), 28, 30, 38, 39, 40, 41, 42(b), 43, 46, 49, 57, 58, 67(a), 68, 73, 94, 103, 115 and 146.
Mr. Ashwani Kumar, Advocate, for respondents No.6(b), 6(c), 7, 9, 25, 32, 70, 71, 72, 75, 80, 81(a), 81(b), 82, 84, 85, 87, 97, 141, 142, 144, 126, 118(a), 118 (d), 118 (e) to 118(g), 119,127, 79 (b).
Sanjay Karol, ACJ (oral)
Certain facts are not in dispute, application for partition of the land in question, so filed on 23rd November, 1974 came to be decided and the proceedings of the partition affirmed by the
2
Assistant Collector 1st Grade, officer, who was authorized in law to do so, on 2.5.1981. Such order came to be affirmed by the Appellate Authority way back in the year, 1991. In fact, the land owners including present appellants, participated in the proceedings when Local Commissioner conducted the proceedings on the spot and submitted his report on 7th April, 2000.
The appeal stands disposed of alongwith also pending miscellaneous application(s), if any.
( Sanjay Karol ) Acting Chief Justice 29th June, 2017 ( Sandeep Sharma) (shankar) Judge
1 issue framed by the court
Whether the High Court should interfere with the Single Judge's observation that appellants cannot re-agitate the title issue after 25 years.
Som Dutt & others
State of H.P & others
Sanjay Karol
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
