HITESH KUMAR Vs. JAGDISH CHAND

JUDGEMENT

(1.) This revision petition has been preferred by the petitioners under Section 17 of the H.P. Land Revenue Act, against an order dated 26.12.2000 passed by the Deputy Commissioner, Shimla in revision petition No. 03/2000, exercising the powers of Commissioner. The learned Commissioner (DC) has accepted the revision petition of the present respondents and has set aside the orders passed by both the courts below.

(2.) Brief facts of the case are that the present petitioners moved an application before the Assistant Collector 1st Grade, Shimla (Rural) for partition of their landed property comprised khata No. 87, khatauni No. 143 to 147, kita 29, measuring 20 -07 bighas, situated in Mauza Pujarli, Pargana Jajot, /Tehsil and Distt. Shimla as per jamabandi for the year 1993 -94. The Assistant Collector 1st Grade framed the mode of partition vide order dated 21.08.1997. This order of the Assistant Collector 1st Grade was assailed in appeal before the collector Sub -Division, Shimla (Rural), by the present respondents No. 1 to

(3.) The Sub -Divisional, Collector, Shimla dismissed the appeal vide order dated 24.6.1999. Still aggrieved by the order passed by the Collector, the present respondents No. 1 to 5 filed a revision petition before the Divisional Commissioner, Shimla Division. The matter was processed by the Deputy Commissioner, Shimla exercising the powers of Commissioner after winding up of the office of the Divisional Commissioner. He accepted the revision petition by setting aside the order passed by the courts below vide order dated 26.12.2000. Aggrieved by this order of the Commissioner (DC), Shimla, Shri Hitesh Kumar and others have preferred this revision petition before this court on the grounds that the order passed by the Commissioner (D.C.) is based upon surmise and conjectures. He has mis -construed and mi -read the fact which is contrary to the law and the correct facts of the case.