CW 4051/1996 - Smt. Durga Vs. Board of Revenue & Anr. : Order dt : 25.02.2008 1/3 S.B. CIVIL WRIT PETITION NO.4051/1996 Smt. Durga Vs. Board of Revenue & Anr. Date : 25.02.2008 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. H.S. Sandhu for the petitioner. None present for the respondents. --------- 1. Heard learned counsel for the petitioner. None present for the respondents. 2. Learned counsel says that the allotment of 9 bighas of land was made to the petitioner as uncommand land and the said allotment was cancelled on the basis of report that two bighas out of said 9 bighas was command land. According to him, command land upto 5 bighas and uncommand land upto 10 bighas can be allotted as small patch. The Board of Revenue by the impugned order dated 12.4.1996 has upheld the cancellation of allotment and aggrieved of the same, the petitioner approached this Court by way of present writ petition. 3. Learned counsel for the petitioner submits that CW 4051/1996 - Smt. Durga Vs. Board of Revenue & Anr. : Order dt : 25.02.2008 2/3 presumption of the said land being command land could not be drawn on the basis of khasra Girdavari because that is not a record of right and no presumption can be drawn on that basis. 4. In the alternative he submits that even if two bighas out of 9 bighas land is taken to be a command, out of remaining 7 bighas half of that namely 3 and ½ bighas could be taken as command land and total allotment in favour of the petitioner would come equivalent to 5 and half bighas of command land whereas small patch upto 5 bighas of command land could be made in her favour. He submits that these aspects of the matter have escaped the notice of the Board of Revenue while deciding the revision petition filed by the petitioner. He further submits that petitioner has been in possession over the said land for long now. 5. A perusal of the said order of the Board of Revenue indicates that this aspect of the matter as to whether the allotment to 5 bighas of the command land could be sustained in favour of the petitioner has not been considered by the Board of Revenue and also the fact as to whether any other evidence was available on record to CW 4051/1996 - Smt. Durga Vs. Board of Revenue & Anr. : Order dt : 25.02.2008 3/3 indicate that only 2 bighas of land in question was command land or whole of that was command land. 6. In view of the submissions made by the learned counsel for the petitioner, the impugned order of the Board of Revenue dated 12.4.1996 is set aside and the matter is remanded back to the Board of Revenue for consideration afresh in the light of aforesaid observations. The Board of Revenue shall decide the said revision petition after giving opportunity of hearing to the petitioner in this regard and if any evidence is brought on record by the petitioner or by the revenue authorities, the Board of Revenue shall be free to consider the same in accordance with law. 7. With these observations, this writ petition is disposed of. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.61 babulal/-