B.J. Shethna, J. - (1.) Heard the learned counsel for the partied.
(2.) Learned counsel for the petitioners Shri Sharma submitted that this case is squarely covered in favour of the petitioners by the Division Branch Judgment of this Court in case of Durga Devi v. Board of Revenue D.B. Civil Writ petition No. 1492/1995 decided on 13-11-1996 . He submitted that the Addl. Collector committed an error in clubbing the land purchased by the petitioners after the appointed date i.e. 1-4-1966. He submitted that this point was raised in the memo of appeal filed before the Board of Revenue and also argued before the Board of Revenue, but unfortunately the same has not at all been dealt with. Specific contention has been raised to this effect by the petitioners in this writ petition also.
(3.) However, learned Addl. Govt. Advocate Shri Bhati submitted that the petitioners cannot be allowed to raise this contention for the first time before this Court as the same was never raised before the Court below i.e. Board of Revenue.;