IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 208 of 2006 Date of Decision: 27th July, 2006 Banka Ram and others Petitioners Versus State of H.P. and another Respondents Coram The Hon’ble Mr. Justice V.K.Gupta, C.J. Whether approved for reporting1? For the petitioners: Mr.Ashwani Kaundal, Advocate. For the respondent No.1: Mr.M.S.Chandel, Advocate General, with Mr. P.M. Negi, Dy. Advocate General. V.K.Gupta, C.J. (Oral) With the consent of learned counsel for the parties, this petition is being disposed of today itself, at the motion hearing stage without formally admitting it to hearing. A very short point is involved for consideration in this case. The petitioners are purchasers of the land in question, it having been sold to them by respondent No.2. This fact was noticed by the Deputy Commissioner, Hamirpur exercising the powers of Commissioner, in his order Whether the reporters of Local Papers are allowed to see the Judgment? 2 dated 17th November, 2003 and yet he admittedly passed the aforesaid impugned order without either impleading the petitioners as party respondents in that case, or affording an opportunity of hearing to them. The appeal against the said order was dismissed by the Divisional Commissioner, Mandi Division, vide impugned order dated 15th February, 2006 without taking any notice of the aforesaid patent defect in the proceedings. As agreed to by the learned counsel for the parties, namely, Mr.Ashwani Kaundal, learned counsel appearing for the petitioners and Mr.M.S.Chandel, learned Advocate General appearing for respondent No.1, the aforesaid two impugned orders are quashed and set aside. The matter is remitted to the learned Deputy Commissioner, Hamirpur, exercising the powers of Commissioner, to decide afresh the entire matter after hearing the petitioners as well as respondent No.2 Daya Ram. The petitioners shall stand impleaded in the aforesaid matter as party respondents. The petition is disposed of. CMPs No.427 and 428 of 2006 In view of the disposal of the main petition, both the applications are also disposed of. 27th July, 2006 (V.K.Gupta), C.J. (C) 3