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2016 DIGILAW 1509 (HP)

Niranjan Kalia v. State of HP

2016-07-28

MANSOOR AHMAD MIR, SANDEEP SHARMA

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JUDGMENT : Mansoor Ahmad Mir, J. Subject matter of these writ petitions is order dated 29.4.2015 made by the Deputy Commissioner, Una-cum-Commissioner (Temple)- respondent No.3 herein, Annexure P11, read with the order made by Respondent No.2- Financial Commissioner (Appeals) Himachal Pradesh, in appeal, Annexure P13, hereinafter referred to as “the impugned orders”, on the grounds taken in the memo of the writ petitions. 2. The petitioners have also questioned annexure P14, the notification dated 27.5.1986, made by His Excellency, the Governor of Himachal Pradesh, whereby the Appellate powers have been conferred on the Divisional Commissioner instead of Financial Commissioner (Appeals). 3. The Financial Commissioner (Appeals) Himachal Pradesh has recorded in the order dated 30.6.2015, Annexure P13, in para 5, that the Appellate Authority was Divisional Commissioner and not the Financial Commissioner. It is apt to reproduce para 5 of the said order herein. “5.Therefore, it is clear that the Commissioner, Mata Chintpurni Temple cum Chairman Temple Management Committee (Deputy Commissioner, Una) has passed a reasoned order in accordance with the ‘Prospective Plan’ as per orders of Hon’ble High Court in CWP No. 603/2003. Further, the Divisional Commissioner Shimla, Mandi, Dharamshala have been conferred powers of Financial Commissioner, therefore, this Court has no jurisdiction to entertain the appeal, and accordingly the interim stay order dated 5.5.2015 is vacated and appeal is not entertained and dismissed in limine. This decision will also dispose of Appeal No.3/2015, titled as Shi Kewal Krishan Kalia versus State of HP and others, Appeal No. 4/2015, titled as Sh Satish Kalia vs. State of H.P. and others and Appeal No. 5/2015, titled as Sh. Ankur Kalia versus State of HP and others.” 4. In the given circumstances, one comes to an inescapable conclusion that the Financial Commissioner (Appeals) was not Appellate Authority, thus has wrongly entered into the merits of the appeals. He should have simply sent the appeals to the competent Authority, i.e., the Divisional Commissioner, Kangra at Dharamshala or dismissed the same for want of jurisdiction. 5. Keeping in view Annexure P14, referred to supra, we quash Annexure P13 and all the appeals are restored to its original number. The Financial Commissioner (Appeals) is directed to send all these appeals to the Divisional Commissioner, Kangra at Dharamshala by or before 8th August, 2016. 6. Parties are directed to appear before the Divisional Commissioner, Kangra at Dharamshala on 8th August, 2016. The Financial Commissioner (Appeals) is directed to send all these appeals to the Divisional Commissioner, Kangra at Dharamshala by or before 8th August, 2016. 6. Parties are directed to appear before the Divisional Commissioner, Kangra at Dharamshala on 8th August, 2016. The Divisional Commissioner, Kangra at Dharamshala, is directed to decide the appeals within three months w.e.f. 8th August, 2016. 7. Registry is directed to send copy of this judgment to the Financial Commissioner (Appeals), enabling him to do the needful. 8. Accordingly, all the writ petitions are disposed of as indicated hereinabove, alongwith pending applications, if any. 9. Interim directions granted vide order dated 16.7.2015, to remain in place till the appeals are determined.