PRITAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a revision petition against the orders of the Commissioner Hisar Division dated 13.1.95. Through the above orders the Commissioner dismissed the petition filed by the present revision petitioner/landowner with the observation that 12 kanals 5 marlas of panchayat land which has been wrongly included in his holdings should be deleted. The Commissioner did not accept the landowner's prayer about recalculation of the uncommand area, in view of the revenue record of 1967-68 and the record of the command and uncommand area produced by the petitioner-landowner before the A.C.I.

(2.) THE two main points raised before the Collector Sirsa and the Commissioner Hisar Division by the present petitioner were that his holding has been wrongly taken to be 367 kanals 9 marlas whereas the same should be only 358 kanals 17 marlas. Further he had not been given the benefit of 3 acres of Gair Mumkin land. From the record of the case I find that the Gair Mumkin land in actual fact has not been taken into consideration in computing his total holdings. The total holdings of 367 kanals 9 marlas has been reached in the following manner :- 358 Kanals 17 marlas (the area as mentioned by the petitioner) -3 kanals 13 marlas of Gair Mumkin land +12 kanals 5 marlas of Panchayat land =367 kanals 9 marlas. As mentioned earlier the Commissioner Hisar Division has already ordered the deletion of 12 kanals 5 marlas of panchayat land from the holdings of the landowner.

(3.) I , therefore, find that in addition to the deletion of the 12 kanals 5 marlas of panchayat land from the petitioner's holdings, the command and uncommand areas of the petitioner also need to be worked out afresh. I therefore partly set aside the orders of the Commissioner Hisar Division and remand this case to the Prescribed Authority for working out the surplus area of the revision petitioner afresh, keeping in view the points mentioned above. Petition partly accepted.