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Himachal Pradesh High Court · body

2009 DIGILAW 1370 (HP)

Ratni Devi W/o Sh. Som Parkash v. State of H. P. thru. Collector

2009-12-29

P.MITRA

body2009
JUDGMENT This review petition has been preferred against the orders dated 29.5.2009 passed by this court in revision petition no. 224/2007 vide which recommendations of Commissioner, Shimla division were not accepted. 2. The matter relates to encroachment of Government land comprised in khasra no. 977/874/1 area 0-0-9 biswansi, situated in Mauza Chuli Dadahu, Tehsil Dadahu, Sirmaur Distt; the Assistant Collector, IInd Grade passed ejectment orders dated 29.9.2000 against which an appeal was filed before the Collector, Nahan sub-division who dismissed the same vide order dated 10.10.2001. Then the petitioner filed a revision petition before the Commissioner, Shimla division who vide order dated 31.8.2007 referred the mater to this court with hi s recommendations which are not accepted by this court vide the impugned orders dated 29.5.2009. Now this review petition has been filed. 3. Learned counsel for petitioner contended that the recommendation of Commissioner were accepted in similar matter in case no. 1/2006 on 20.4.2006 [Randeep Kumar vs. State of H.P.] and also in another case on same date. He prayed that since recommendation in a similar case were accepted, therefore recommendation in this case be also accepted. 4. I have perused the provisions for review under section 16 of the H.P. Land Revenue Act whi.ch provides limited powers to this court to review Its orders. The provisions of sub-section 4 of section 16 of the Act provides as under; (4) Save in the cases of clerical or arithmetical mistakes arising from any accidental slip or omission, no application for review shall lie under this section against an order passed by the Financial Commissioner under section 17 of the this Act. A perusal of the present petition reveals that there is no claim of clerical or arithmetical mistake; as such this review petition is not maintainable and is dismissed. The' petitioner has also filed an application for grant of stay; the same is also rejected. Announced in open court today the 29th December, The file be consigned to the record room after due completion.