1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.2178/2006 (Krishan Kumar Vs. State & Ors.) Date of order : 05.02.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Sudhir Sharma with Mr. N.R. Budania, for the petitioner. Mr. O.P. Boob, Addl. Govt. Counsel. Heard learned counsel for the parties. The main contention of the learned counsel for the petitioner is that initially he was allotted land as command land situated in Chak No.16 A.S. Kumpli Tehsil Vijay Nagar District Sri Ganganagar, admeasuring 25 bighas. However, his land situated in Chak 16 A.S. Square No.224/481, Killa No.1 to 5, 6, 15, 16 and 25, measuring 9 bighas, was declared uncommand. The said land was allotted to the petitioner by the Revenue Department as command land. However, as per para – 2 of the reply filed by the respondents, it is stated that at the time of 2 preparing C.A.D. Scheme, the said land in chak No.16 A.S. Was declared uncommand, therefore, irrigation facility was cut off. Learned counsel for the petitioner argued that once the land was allotted as command land and money was deposited as command land, which is also admitted by the respondents in their reply, then there is no question of altering the said land from command land to uncommand and to curtail the irrigation facility provided to the petitioner. Learned counsel for the petitioner has invited the attention of this Court towards the judgment rendered by this Court in Bachan Singh & Ors. Vs. State of Raj. & Ors., reported in 1993 (1) WLC (Raj.) 27 and argued that in the Irrigation Department, the land allotted to the petitioner was entered as uncommand land, therefore, irrigation facility was cut off. Having hearing the learned counsel for the parties and going through the aforesaid judgment passed by this Court, I deem it just and proper to grant a liberty to the petitioner to file fresh representation before the respondents along with the copy of the aforesaid judgment cited before this Court within a period of fifteen days from today. Upon filing the said representation, the respondents are 3 directed to decide the claim of the petitioner for providing irrigation facility within a period of one month from the date of filing the said representation while considering the aforesaid judgment rendered by this Court. With the aforesaid observation/direction, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun