Gurbachan Singh vs Divisional Commissioner Kangra & Another

Virender Singh, J

Notice, at this stage, confined only to respondent No.1. Mr. Mohinder Zharaick, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.1.

As per the factual position involved, in the present case, as borne out from the documents, annexed with the petition, respondent No.2-Rohit Jaswal, who is not stranger, but, son of the petitioner, had preferred an appeal, before the learned Divisional Commissioner Kangra at Dharamshala, against the order dated 03.12.2025, passed by the Collector Gagret, Tehsil Ghanari, District Una, in Missal No.105/A/2024/G, whereby, the Collector Gagret, has allowed the application, under Section 5 of the Limitation Act.

In the said case, the petitioner has been arrayed as respondent. He has thereafter moved an application for early disposal of the appeal on the ground that he is a senior citizen, aged about 83 years and wants to see the fate of the partition proceedings during his life time.

The said prayer of the petitioner has indirectly been rejected by the learned Divisional Commissioner, on the ground that the stay has already been granted, whereas, the stay is against the petitioner.

Without commenting upon the manner, in which, the application for early disposal has been rejected by the learned Divisional Commissioner, Kangra at Dharamshala, the present petition is disposed of, by directing the learned Divisional Commissioner, Kangra at Dharamshala, to decide the appeal titled as 'Rohit Jaswal versus Gurbachan Singh', within a period of two month from today.

In order to achieve the said goal, learned Divisional Commissioner, Kangra at Dharamshala, is at liberty to prepone the date.

Registry is directed to send a copy of this order to the learned Divisional Commissioner, Kangra at Dharamshala, through e-mail. The petitioner is also directed to submit a copy of this order before the Divisional Commissioner, Kangra at Dharamshala, on or before the next date of hearing.

Pending miscellaneous application(s), if any, shall also stand disposed of.