IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2783 of 2010. Decided on: August 2, 2010. I.D.Sharma ….. Petitioner. Versus Gorakh Ram & anr. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner: Petitioner in person. For the Respondents: Mr. Vinod Gupta, Advocate, for respondent No.1. Mr. R.K.Bawa, AG with Mr. J.K.Verma, Dy. AG, for respondents No. 2 & 3. ---------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (oral) The petitioner submits that a suit for partition has been pending before the Divisional Commissioner, Mandi and in violation of the orders passed by the Sub Divisional Collector, first respondent constructed a building thereon. According to the first respondent, at the time of the construction of the building, there was no interim order passed by any Authority. Be that as it may. As far as the petitioner is concerned, it is in his interest that the core issue regarding partition is decided at the earliest. Even assuming for arguments sake that there was construction at the time of partition, the competent authority has to take into consideration all these aspects and naturally in case the construction was done at the time there was a stay order, the party who made construction will not be entitled to additional equity in that regard. These are all matters for the competent authority to decide at the time of passing of final order. 2. We are told that the matter is now pending before the Divisional Commissioner, Mandi. There will be a direction to the 2 Divisional Commissioner Mandi, to dispose of the revision petition filed by the petitioner in the matter of partition of the family property. This shall be done within a period of three months from the date of production of the copy of this judgment by the petitioner, with notice to all parties concerned. 3. The petitioner will produce a copy of this judgment before the Divisional Commissioner, Mandi. We make it clear that we have not adverted to the merits of the case and all the contentions are left open to the parties to be pursued before the authorities concerned. 3. With these observations, the Writ Petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. August 2, 2010. (Justice Kuldip Singh), (karan) Judge.