Supreme Court of India · 2004-04-22
State Of H.P. And Ors vs Raj Kumar Brijender Singh And Ors
- Citation / case number
- AIR 2004 SUPREME COURT 3218
- Court
- Supreme Court of India
- Petitioner
- State Of H.P. And Ors
- Respondent
- Raj Kumar Brijender Singh And Ors
- Bench
- Brijesh Kumar, Arun Kumar
Judgment text excerpt
The Supreme Court examined the powers of the Financial Commissioner under Section 20 of the Himachal Pradesh Ceiling on Land Holdings Act, 1972, particularly regarding the suo moto exercise of authority after the State had withdrawn its appeal against a Collector's order. The Court held that the Financial Commissioner retains the power to act suo moto despite the withdrawal of the appeal, thereby overturning the High Court's interpretation. The judgment clarified that the withdrawal of the appeal does not preclude the Financial Commissioner from exercising his powers under the Act, leading to the reinstatement of the Collector's original order.