CMPMO 291 of 2007. 18.7.2008 Present: Mr. Shrawan Dogra, counsel for the petitioners. Mr. B.K.Malhotra, counsel for respondents 1 to 10. Mr. Vivek Thakur, Addl. AG, for respondent No. 11. This case discloses an appalling lack of consideration and knowledge of law by the revenue authorities. The matter has been hanging fire since the year 1992 and is still at the stage where evidence is to be recorded regarding the fact as to whether the agreement to sell should be considered as a defence by the petitioners. The petitioners deny the status of the respondents as mortgagees after the execution of an Agreement to Sell set up by them. Surely, there is no bar in proving this agreement before the revenue authorities and thereafter its consideration as to whether relationship between the parties is that of a mortgagor and mortgagee. How and why these proceedings were stretched ad infinitum still remains a mystery. In these circumstances, this petition is allowed. A direction is issued to the Sub Divisional Collector, Sundernagar, exercising the powers of Collector under the Redemption of Mortgages, (Himachal Pradesh), Act, 1971 to proceed with the matter forthwith. -2- While recording evidence, he will give opportunity to the petitioners to prove the Agreement to Sell. Parties shall appear before the Collector on 28.8.2008, who shall proceed with expedition to decide the matter. Orders dated 10.6.1998 (Annexure P-4) and 9.10.2007 (Annexure P-12) are quashed and set aside. There shall be no order as to costs. July 18, 2008 (PC). (Dev Darshan Sud), J.