NASEER KHAN Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Naseer khan petitioner herein takes exception to order Annexure P-3 dated 28.9.1993 passed by the Board of Revenue for Rajasthan, Ajmer vide which, he was not allowed conversion of land use under sub-rules (5) of sub-clause (4) or sub-clause (5) of Rajasthan Land Revenue (Conversion of Agricultural Land for Residential or Commercial Purposes in Rural Areas) Rules, 1971.

(2.) The brief facts of the case reveal that the Tehsildar, Gangrar vide order dated 30.12.1971 regularised possession of some land in favour of petitioner. However, on a reference made by Collector to the Board of Revenue, the order dated 30.12.1971 was set aside with some directions, pursuant to which Collector, Chittor inspected the site and vide its order dated 11.09.1978 held petitioner entitled for regularisation of land measuring 4620 Sq. Ft. Against this order as well, Collector made a reference before the Board of Revenue. Even though, the contention of the petitioner before the Board of Revenue that the Collector had no power to make reference for setting aside the order passed by his predecessor, as such was upheld, yet, it was felt by the Board that the order of Collector was patently illegal and, therefore, the revision was converted into an application under section 9 of Rajasthan Land Revenue Act and notice was issued to the petitioner.

(3.) Admittedly, the matter is governed by the Rajasthan Land Revenue (Conversion of Agricultural Land for Residential or Commercial Purposes in Rural Areas) Rules, 1971 (hereinafter referred to as the 'Rules of 1971'). Concededly as well, by virtue of sub-rule (5) of sub-clause (4) or sub-clause (5) of Rule 3 there should not be any regularisation within 50 feet of Railway Boundary or National Highway or any road maintainable by the Government or Local Authority. It is not in dispute that the land which was regularised in favour of the petitioner was not within 50 feet of the Railway Boundary or National highway or any road maintainable by the Government or local authority. In fact, the land in possession of the petitioner is beyond the area mentioned above has since not been regularized, even though the petitioner was in possession of some land within that area as well. Is it. is only that land which was within the area as mentioned above which was regularized. During the course of arguments before the Revenue Board, it was argued on behalf of the petitioner that even a no-khatedar was entitled to regularisation of possession by virtue of Rule 3 (4) of the Rules of 1971. This position was not disputed. The contention however raised on the basis of Rule 3 (4) of the Rules of 1971 was repelled on the sole ground that the said Rule had come into being on 29th Aug., 1988 and, therefore, in the year 1978 when order was passed with regard to the regularisation of land in possession of the petitioner, the said Rule was not in existence.