PRAKASH MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner in the background that there was an agriculture holding owned by one Jethu Singh s/o Tej Singh in Khasara No. 759 measuring 12, 14 bighas situated at Kheme Ka Kuan. Jethu Singh was holder of Khatedari rights of this land. The said Khatedar sold his rights in favour of respondent No. 3 by a registered sale deed. After sale, the aforesaid land came to be vested in respondent-Samiti. A mutation was entered in the name of Society through Mutation No. 554. In the revenue record, in place of Jethu Singh, respondent No. 3 Samiti was entered as Khatedar. Respondent No. 3 was constituted as Housing Cooperative Society having its Registered No. 1186/Q.

(2.) The respondent No. 3 Society made available plot No. 11 measuring 600 sq. yards (60 fts. x 90 fts) to one Khushal Singh, a Member of the Society vide Annexure 1. The land was not converted and was allotted as agricultural land only. According to the petititioner, it was mentioned in the allotment letter that conversion and development charges are to be borne by the Member itself. The said Khushal Singh made an application for conversion of plot No. 11 measuring 600 sq. yards. The application presented by Khushal Singh was processed in accordance with law. The respondent Trust has given its no objection for its conversion and the Prescribed Authority after fulfilment of all the requirements converted agricultural and into urban land by the order dated 30-4-1988 in case No. 606/88. Patta dated 2/05/1988 in favour of said Khushal Singh and the pre-requisite amount was deposited by Khushal Singh and the alleged lease came to be granted in favour of Khushal Singh for a period of 99 years and in the letter issued to said Khushal Singh, plot area was mentioned as 600 sq. yards and plot number was 11. A copy of the patta has been produced on record as Annex. 3. The respondent Society had deposited the amount for sub-division of the land and for that, a receipt was issued by the respondent, marked as Annex.4.

(3.) It is claimed in the writ petition that by issuance of the patta in favour of Khushal Singh, Khushal Singh became the absolute owner of plot No. 11 measuring 600 sq. yards. After having acquired absolute rights, Khushal Singh along with Leela Devi transferred the said plot in favour of the petitioner in lieu of Rs. 1 lac. The transfer was made in favour of the petitioner through a registered sale deed dated 12-7-1991 registered in the office of Sub-Registrar, Jodhpur. A copy of the registered sale deed has been produced on record as Annexure 5. It is claimed by the petitioner that after allotment of land in favour of Khushal Singh, he applied for conversion . The conversion having been ordered and patta having been issued in the name of Khushal Singh, the society had lost control over the plot. The Society had lost its right, title and interest over the land. Any act, omission or commission done by the respondent Society cannot affect the right, title and interest of Khushal Singh. After grant of patta in his favour, Khushal Singh transferred the land in favour of the petitioner along with Smt. Leela Devi, the petitioner became absolute owner of the land and had acquired absolute rights. The patta was issued in the name of His Excellency the Governor of Rajasthan.