IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 635 of 2023 Date of decision : 04.07.2025. Roshan Lal ...Petitioner. Versus Sohnu deceased through LRs & others ...Respondents. Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the petitioner : Mr. Adarsh K. Vashista, Advocate. For the respondents : Mr. Sandeep Dutta, Advocate for respondents No. 1 ©, (d), 1 (e), 2 (a), 2 (b) and 2 (e). Satyen Vaidya, Judge (Oral) By way of this petition, the petitioner has assailed order dated 19.7.2023, passed by the Financial Commissioner (Appeals), Himachal Pradesh in Revision Petition No. 13 of 2023 and order dated 10.1.2023, passed by the Divisional Commissioner, Kangra Division in case No. 439 of 2022 and order dated 4.4.2022, passed by the Collector Settlement, Kangra in File No. 101/18/SO. 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- 2. The challenge to the aforesaid orders is on the ground that Sohnu, son of Bhawani and Thimbu Ram, son of Gorkhu, who were applicants in File No. 101/18/SO, decided by the Settlement Collector, Kangra dated 4.4.2022 had died before the date of decision. The copies of death certificates of both the applicants, namely Sohnu and Thimbu in File No. 101/18/SO have been placed on record, according to which, Sohnu died on 8.1.2021 and Thimbu died on 15.11.2021. 3. The factum of death of Sohnu and Thimbu, as disclosed by way of the death certificates, placed on record is not disputed by the respondents. In fact, the respondents are the legal representatives of the aforesaid Sohnu and Thimbu. 4. Thus, the order passed by the Settlement Collector, Kangra on 4.4.2022 in File No. 101/18/SO is a nullity. The illegality continued in the appellate and revisional proceedings also, as those proceedings continued in the name of Sohnu and Thimbu despite their deaths. -3- 5. In result, none of the orders challenged by way of the instant petition, can be sustained, as these have been passed against dead persons and consequently are nullity in the eye of law. 6. Accordingly, the petition is allowed. Order dated 19.7.2023, passed by the Financial Commissioner (Appeals), Himachal Pradesh in Revision Petition No. 13 of 2023 and order dated 10.1.2023, passed by the Divisional Commissioner, Kangra Division in case No. 439 of 2022 and order dated 4.4.2022, passed by the Collector Settlement, Kangra in File No. 101/18/SO are set aside. The respondents herein shall be at liberty to continue the proceedings in File No. 101/18/SO before the Settlement Collector, if so advised and in such event the Settlement Collector, Kangra shall decide the matter afresh strictly in accordance with law. Pending applications, if any, also stand disposed of. (Satyen Vaidya) Judge 4th July, 2025. (kck)