Himachal Pradesh High Court
Hem Raj Pathania vs . State Of H.P. & Ors. on 29 March, 2022
Bench: Tarlok Singh Chauhan, Sandeep Sharma
Hem Raj Pathania vs. State of H.P. & Ors.
.
CWP No. 2978 of 2019 29.03.2022 Present: Mr. Nitish Kaith, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans Additional Advocates General, Mr. Yudhvir Singh Thakur, Mr. Bhupinder Thakur, Deputy Advocates General and Mr. Rajat Chauhan, Law Officer for respondents/State.
r Learned Additional Advocate General has placed on record status report dated 25th March, 2022 relevant portion whereof reads as under:-
"In this context it is submitted that the execution case file of Sh. Dhian Singh S/o Sh. Bonu Ram village, Gori, Post Office-Kulhera, Tehsil Barsar, District-Hamirpur (H.P) was submitted to the Divisional Commissioner Mandi for grant of permission for auction of immovable property as per Section 81 of H.P. Land Revenue Act, 1954. The case file was returned by the Divisional Commissioner Mandi vide his office letter No. MNO-NT(LR)(Sale- M) 13(2)/2022/1144 dated 4.3.2022 with objection that initial attachment was made for Rs. 10,10,338.00 instead of current demand of Rs.::: Downloaded on - 29/03/2022 20:23:12 :::CIS
30,58,531.00 and compliance of Section 78(4) has also not been made.
.
Accordingly, the case file was resubmitted to Tehsildar-cum-AC First Grade Datwal at Bijhari, District- Hamirpur (H.P) for reattachment of property of Sh. Dhian Singh S/o Sh.
Bonu Ram for Rs. 30,58,531.00 (Rupees thirty lacs fifty eight thousand five hundred thirty one only). The Tehsildar-cum-AC First Grade Datwal at Bijhari, District-Hamirpur (HP) has reattached the property with compliance of Section 78(4) and has informed to this office vide his office letter No. 235/R/Teh/BJR dated 15.3.2022.
In view of the above, the case file has now been resubmitted to the office of Divisional Commissioner Mandi vide this office letter No. Execution/2022/Hamir/3433 dated 16.3.2022 for grant of permission to auction the attached land. It is further submitted that the undersigned contacted the office of Divisional Commissioner Mandi telephonically to get the latest status of the case and was apprised that due to the fact that the immovable property of Sh. Dhian Singh was re-attached in compliance to the Divisional Commissioner letter No. ::: Downloaded on - 29/03/2022 20:23:12 :::CIS MNO-NT(LR) (Sale-M) 13(2)-2022/144 dated 4.3.2022 through a proclamation .
under Section 80 on dated 9.3.2022 as per manner prescribed in section 23 of the H.P. Land Revenue Act 1954 in which time of 30 days has been given to Sh. Dhian Singh for payment of all dues which will be completed by 10.04.2022 as such, permission to auction the land can be only be given r after 10.4.2022. This is for your kind information please."
Since the statutory period of 30 days will be completed by 10.04.2022, therefore, we deem it appropriate to adjourn the hearing of this case for 19th April, 2022, when fresh status report be filed.
(Tarlok Singh Chauhan) Judge (Sandeep Sharma) Judge 29th March, 2022 (himani) ::: Downloaded on - 29/03/2022 20:23:12 :::CIS