CWP No. 1020 of 2006 7.11.2008 Present: Mr. N.K. Thakur, Advocate for the petitioners. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. for the respondents. The petitioner had relied upon the case titled Kashmir Singh Vs. Smt. Balwant Devi and others, 1992 (1) S.L.J. 718 in support of his case before the learned Financial Commissioner. However, the learned Financial Commissioner has relied upon the order rendered in Revenue Petition No. 5 of 1991, decided on 7.11.1991 titled The State of Himachal Pradesh Vs. Shri Brijender Singh, reported in 1992 PLJ 153. It is not disputed by the parties that against the order dated 7.11.1991, writ petition bearing No. 96/92 was filed before this Court. The writ petition was allowed by this Court on 23.6.1997. The respondent-State had preferred Special Leave Petition before the Hon’ble Supreme Court. The Special Leave Petition was dismissed by the Hon’ble Supreme court on 22.4.2004 (State of H.P. and others Vs. Rajkumar Brijender Singh and others (2004) 10 Supreme Court Cases 585). Since the learned Financial Commissioner has taken into consideration the case The State of Himachal Pradesh Vs. Shri Brijender Singh, while deciding the revision petition, which has been set aside by the Hon’ble Supreme Court, as noticed earlier, it is a fit case where the matter is required to be remanded back to the learned Financial Commissioner (Appeals) to the Government of Himachal Pradesh, Shimla to decide the lis afresh between the parties on the basis of the order passed by the learned Financial Commissioner (Appeals) in Kashmir Singh Vs. Smt. Balwant Devi and others reported in 1992 (1) SLJ 718. The learned Financial Commissioner is directed to decide the matter within three months from today. The parties are directed to make themselves available before the learned Financial Commissioner (Appeals), Shimla on 19.11.2008. In view of the observations made hereinabove, the writ petition is disposed of. No costs. (Rajiv Sharma), J. November 7, 2008. (cr)