( 1 ) AFTER the court of the civil judge (S. D.)at Bhavnagar on 31-12-1970 passed the decree in Special Civil Suit No. 1 of 1969 declaring the shares of the parties in the undivided properties and directing the Collector under Sec. 54 of the Civil Procedure Code to partition the lands assessed to payment of revenue to Government, and put the parties in possession of the portions of the land falling to their respective shares, the Collector for the District of Bhavnagar on 16th May, 1986 as per the settlement arrived at amongst the parties divided the lands and directed the Mamlatdar to hand over the possession of the land. The order was challenged in Revision. The Additional Chief Secretary, Revenue Department (Appeal) at Ahmedabad on 23-5-1990 allowing the Revision set aside the order of the Collector (Respondent No. 2) dated 16th May, 1986 and directed the Collector to act as if he was the Commissioner appointed within the meaning of the Civil Procedure Code and complete the work of partition within a period of two months. By this application under Arts. 226 and 227 of the Constitution of India, the order passed in revision is called in question with a prayer for issuance of a writ of mandamus or certiorari or any other appropriate writ quashing and setting aside the order passed in revision on 23rd May, 1990, and also directing the respondent No. 2 to determine the mesne profit, etc. ,.

( 2 ) NECESSARY facts may be stated. The petitioners are the brothers. Kuvarsang narbha is their uncle. They were having the ancestral undivided properties, namely building, building-lands, agricultural lands etc. , at Madhuvan and Zazmer of Talaja Taluka in Bhavnagar District. The petitioners father died around 1955. At that time, they were minors. Their uncle Kuvarsang Narbha was managing their affairs. Their uncle sold certain agricultural lands to the father or husband of respondent Nos. 3 to 9 as the case may be, through whom they are claiming. The petitioners after attaining majority, because of the dissension that had arisen with their uncle, decided to have the partition of the Hindu Undivided Family properties and have their respective shares. A notice was then given to their uncle and those who had purchased the agricultural lands, but when they paid no heed the petitioner No. 1 filed the suit being Special Civil Suit No. 1 of 1969 in the Court of the Civil Judge (S. D.), Bhavnagar for partition, l/6th share in the properties and mesne profit against Respondent Nos. 1 to 8 joining his brothers the petitioner Nos. 2 and 3 as defendant Nos. 9 and 10. The then learned Civil Judge (S. D.), Bhavnagar on 31st December, 1970 passed the preliminary decree. The Court held that Kuvarsang Narbha, the uncle of the petitioners (joined as defendant No. 1) was having 1/2 share while the petitioners were jointly having 1/2 share, i. e. individually they were having l/6th share. In view of Sec. 54 of the Civil Procedure Code he sent the decree to the Collector, bhavnagar, for effecting the partition of the agricultural lands assessed to payment of land revenue to Government and put the respective parties into the possession of the portions of the lands falling to their respective shares etc. After a long time on 16th May, 1986 the Collector divided the properties keeping several land-laws in mind and directed the Mamlatdar at Talaja to hand over the possession of the lands fallen to the share of the respective parties. He divided the lands keeping in mind the settlement arrived at amongst the parties after the Court passed the preliminary decree. The purchasers of the agricultural lands, namely opponent Nos. 2 to 8 were allowed to retain 1/2 share and rest of the portions of the lands were divided. The heirs and legal representatives of deceased lakha Sura and Chotha Sura the opponent Nos. 3 and 4, Bhimubha Jatubha and makubha Jatubha the opponent Nos. 5 and 6 preferred the appeal before the secretary, Revenue Department (Appeals),