Theog Tehsildar failed to discharge duty, says HC

Legal Correspondent

Shimla, August 30

The HP High Court has directed the state Financial Commissioner to issue necessary instructions to all revenue authorities to desist from passing order in the nature of a letter. It has held that the Tehsildar, Theog, failed to discharge his duties and functions in accordance with law and directed the Financial Commissioner to take appropriate action against him.

The court ordered that the revenue authorities should ensure that whenever an application relating to attestation of mutation or any other request, which relates to enforcement or claim of a legal right, is filed, the same is duly noted in a diary and thereafter a proper file is maintained and an order(s) thereupon is passed in the proper format.

A Division Bench comprising Justice Tarlok Singh Chauhan and Justice Virender Singh passed the directions on a petition filed by Liaq Ram Sharma, a resident of Theog in Shimla. The petitioner contended that on October 21, 2020, he had filed an application before the revenue authorities, seeking the entry of the mutation on the basis of the judgment and the decree passed by the court. However, instead of passing a proper order, the Tehsildar, Theog, rejected his application through a letter issued on June 17, 2021.

The petitioner, thereafter, submitted a representation to the Tehsildar, requesting him to pass an order in accordance with law. However, the Tehsildar did not respond, constraining him to file the petition before the High court.

The court observed, “The Tehsildar, Theog, has failed to discharge his duties and functions in accordance with law and has thereby driven the petitioner to unnecessary and avoidable litigation.” It directed the Financial Commissioner to take appropriate action against the erring Tehsildar and file the compliance report on December 29.