8. The Govt. also realized afterwards that such instructions are not legally tenable and, as such, has virtually withdrawn the circular of 1983 by another circular no.8/Kha.Ma. Ankechak 2 /90611 RA-dated 7.3.91 which has been annexed as annexure – 13 to the supplementary affidavit filed in C.W.J.C. No. 2436 of 1992 (R). On the advice of the Advocate General, the letter of 1953 was practically withdrawn by this letter wherein it was specifically mentioned that if any raiyat transforms the agricultural land into a commercial one making it unfit for agriculture then the raiyat concerned may be vacated by taking recourse of the Civil proceedings but there cannot be any imposition of salami or commercial rent by the use of Khas Mahal Manual. Thus, practically, by the letter of 1991, as mentioned above, the very basis by which salami and commercial rent had been fixed on the petitioner of both the writ petitions have been waived and, as such, the orders impugned and the demand notices sent to the petitioners in both the cases are hereby quashed and all the proceedings in respect of the land in question on application of Khas Mahal Manual are hereby quashed.
