NAROTTAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) OSWAL Samaj Panchayat of Rajnagar District Rajsamand by a registered sale deed dated 28.6.1990 sold 17 biswas agricultural land of Khasra No. 133 to Ambalal, Rajmal, Moolchand and Sohanlal. The above land was sold to the extent of 1/4th share to each of the purchasers mentioned above. At the time of sale vide map attached to Anx. 1 plots No. 1 to 4 were also demarcated. Plot No. 1 was sold to Ambalal, plot No. 2 to Rajmal, plot No. 3 to Moolchand and plot No. 4 to Sohanlal. It was also mentioned that in between the plots the lane was to be left by the plot holders according to their common consent. Anx. 1 is the registered sale deed of Rajmal whose son is the present petitioner No. 1. In the year 1990 Sohanlal plot holder No. 4 submitted the papers for conversion of his plot from agricultural to residential. Though he submitted the map that 10 ft. lane be left towards eastern and southern side of his plot. The above land was to be taken 5ft. from each plot. However, vide Anx. 3 the then Sub -divisional Officer. Rajsamand converted the plot of Sohanlal with the condition that Instead of 10 ft., 20ft. lane was to be left towards eastern and sourthern side of the plot of Sohanlal. Out of above 20 ft. 10 ft. was already left by both the plot holders. The remaining 10 ft. is to be adjusted from 5 ft. of both the adjoining plot holders. While delivering order Anx. 3 Rajmal was not given any notice of hearing whose plot was situated towards eastern side of the plot of Sohanlal nor Moolchand was given any notice whose plot was situated towards sourthern side of the plot of Sohanlal. In the year 1997 present petitioner filed an application for conversion of his plot No. 2. He was permitted to leave only 10 ft. lane towards western and southern side of his plot. 5 ft. each was to be left by both the adjoining plot holders. This permission is Anx. 2.

(3.) SOHANLAL had transferred his land in favour of Ashok Kumar who filed an appeal against the order Anx. 4 dated 15.5.1997 before the Revenue Appellate Authority, Udaipur which was dismissed on 1.4.1998 vide Anx. 7. Second appeal filed Under Section 76 of the Rajasthan Land Revenue Act, 1956 by Ashok Kumar was allowed by Board of Revenue on 18.11.1998 vide Anx. 8 and the matter was remanded back to Sub -divisional Officer, Rajsamand with the direction that after keeping in view the relevant rules with regard to conversion of land and after taking the report of the Senior Town Planner or the Municipality, he must pass orders afresh. The review application filed by Narottamlal before the Board of Revenue was dismissed on 10.2.1999 vide Anx. 9. Hence this petition Under Article 226 of the Constitution of India.