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2025 DAILYLAW 14637 (HP)

SANDHYA DEVI AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/8767/2025 · 2025-06-02

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:17159 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8767 of 2025 Decided on: 02.06.2025 Smt. Sandhya Devi & others … Petitioners Versus State of Himachal Pradesh & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr. Ankush Dass Sood, Senior Advocate, with Mr. Ajay Sipahiya, Advocate. For the respondents : Mr. Rahul Thakur, Deputy Advocate General, for the respondents-State. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have, inter alia, prayed for the following reliefs:- “i) issue an appropriate writ of Certiorari quashing the impugned Order dated 10-06-2024 passed by the Ld. Financial Commissioner and consequently set it aside; ii. issue an appropriate writ of Certiorari quashing the impugned Order dated 26-12-2022 passed by the Ld. Divisional Commissioner, Mandi Division, Mandi, Himachal Pradesh is void ab initio for want of jurisdiction and consequently set it aside; iii. issue an appropriate writ of Certiorari quashing the impugned Order dated 30.06.2010 passed by Ld. Sub- Divisional Officer (Civil) exercising the powers of the Collector, Sub-Division Hamirpur, H.P. and the impugned Order dated 18.05.2005 passed by the Assistant Collector Ist Grade, Hamirpur, H.P. may kindly be quashed and set aside; 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:17159 iv. in alternate remand the Revision Petition No. 291/2023 to the competent Ld. Financial Commissioner for de-novo adjudication on merits in accordance with Section 17 as substituted by Act 11 of 2022; and v. grant just and proper reliefs in exercise of the extra ordinary jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India considering the facts and circumstances of the case and further the cost of the petition may kindly be awarded in favour of the Petitioners and against the Respondents.” 2. Taking into consideration the fact that learned Financial Commissioner has refused to entertain the revision petition filed against order dated 26.12.2022, passed by learned Divisional Commissioner, on the ground that the said order passed by learned Divisional Commissioner while exercising the powers conferred upon the Financial Commissioner, learned Senior Counsel appearing for the petitioners, on instructions, prays for and is permitted to withdraw the petition, to enable the petitioners to assail the order passed by learned Divisional Commissioner, Mandi, H.P., dated 26.12.2022, on merit. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge June 02, 2025 (Rishi)