ORDER Mrs. Rajwant Sandhu, F.C. (Appeals). - The present revision petition has arisen out of a recommendation of the learned Divisional Commissioner, Mandi Division, which he has forwarded to this Court while adjudicating upon the revision petition No. 92/1992 vide his order dated 17.8.1994. 2. Brief facts of the case are that Shri Ran Singh, present respondent No. 1, moved an application before the Assistant Collector 1st Grade, Hamirpur for partition of land comprised in Khata No. 48, Khatauni No. 267 to 271, Khasra Nos. 310, 311, 312, 325, 520, 538, 529, 537, 44, 326 and 544, Kitas 11, area measuring 3515-70 Sq. Meters, situated in Up Mohal Gandhi Nagar, Tehsil and District, Hamirpur on 6.1.1990. The Assistant Collector 1st Grade decided the mode of partition on 18.4.1991. Aggrieved against the order of the Assistant Collector 1st Grade, the present petitioners filed an appeal before the Collector, Sub-Division Hamirpur who dismissed the same on 11.5.1992. The petitioners assailed this order of the Collector before the learned Divisional Commissioner, Mandi who has recommended on 17.07.1994 that the orders of the Assistant Collector 1st Grade Hamirpur as well as those of the Collector, Sub-Division may be set aside and the matter may be remanded back to the Assistant Collector 1st Grade Hamirpur for proper examination under Section 123 of the H.P. Land Revenue Act and after giving due opportunity to all interested parties. 3. The recommendation of the learned Commissioner is based on two findings. 1. The respondent No. 1 does not figure anywhere in the Misal Haquiat for the year 1983-84 which he had submitted along with the application for partition, neither is his name reflected in the remarks column of the same. As such he was not a co-sharer in khata No. 48 and therefore could not apply for partition of the same. 2. The petitioners were not provided adequate opportunity of being heard by the Assistant Collector 1st Grade. 4. Shri N.K. Sharma, Advocate, and Shri Suneet Goel, Advocate, appeared on behalf of petitioners and respondents, respectively. 5. The case was heard. 2. The petitioners were not provided adequate opportunity of being heard by the Assistant Collector 1st Grade. 4. Shri N.K. Sharma, Advocate, and Shri Suneet Goel, Advocate, appeared on behalf of petitioners and respondents, respectively. 5. The case was heard. The learned Counsels for both the petitioners and the respondents were agreeable to the recommendation of the learned Divisional Commissioner, Mandi made through his order dated 17.08.1994 passed in revision petition No. 92/92 for revision of orders of the lower Courts for the partition of the share of Shri Ran Singh in land comprised in khata No. 48, Khatauni No. 267 to 271, Khasra Nos. 2310, 311, 312, 325, 520, 538, 529, 537, 44, 326 and 544, Kitas 11, area measuring 3515-70 Sq. Meters, situated in Up Mohal Gandhi Nagar, Tehsil and District, Hamirpur. The recommendation of the learned Divisional Commissioner is accepted and the case sent back to the Assistant Collector 1st Grade Hamirpur for fresh examination under Section 123 of the H.P. Land Revenue Act after giving due opportunity to all the interested parties. 6. Announced in the open Court today the 3rd March, 2006. 7. Record of lower Courts be returned and case file of this Court be consigned to the record room after due completion. Petition disposed of. -