JAGANNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these writ petitions raise common questions relating to the validity of the order dated 22nd August, 1984 passed by the Collector, Jhalawar and, therefore, they are being disposed of by this common order.

(2.) THE petitioners in these writ petitions hold Khatedari rights in agricultural lands situate in village and Tehsil Khanpur, district, Jhalawar. In Section 90A of the Rajasthan Land Revenue Act, 1956 (here in after referred to as the Act'), provision has been made with regard to the use of agricultural land for non -agricultural purposes after obtaining permission of the State Government. In exercise of the powers conferred by clause (XI -A) of Section 261 read with Section 90A and cluase (a) of Sub -section (1) of Section 260 of the Act, the State Government has made the Rajasthan Land Revenue (Conversion of Agricultural Land for Residential or Commercial Purposes in Rural (Areas) Rules, 1971 (here in after referred to as 'the Rules'). The Rules make provision for grant of permission for conversion of agricultural land for use for residential or commercial purposes in rural areas. In accordance with the said Rules, the petitioners submitted applications before the Collector, Jhalawar for grant of necessary permission for the use of their agricultural lands for residential purposes and the Collector, Jhalawar by his orders dated 27th March, 1984 granted permission to the petitioners for conversion of agriculutral land measuring 1000 Sq. Yds. for the residential purposes. In the said order six conditions were laid down and the applicant was required to pay a sum of Rs. 250/ - as premium. The petitioners deposited the aforesaid amount of premium. Subsequently, the petitioners decided to sell the land in respect of which permission was granted to other persons and submitted the sale -deed for registration before the Sub -Registrar, Khanpur on 17th July, 1984. As the Sub -Registrar, Khanpur refused to register the usaid sale -deeds, the petitioners approached this Court by filing writ petitions Nos. 930 to 935 of 1984. In those writ petitions notices were issued by this Court on 10th August, 1984 requiring the respondents in the writ petitions to show cause as to why the writ petitions should not be admitted. The said notices were served on the Tehsildar -cum -Sub -Registrar, Tehsil Khanpur an 16th August, 1984. On 22nd August, 1984, the Collector, Jhalawar passed the impugned order where by the earlier orders by which the agricultural lands of the petitioners were allowed to be converted for use for residential purposes, was cancelled and it was directed that the said land in respect of which order for conversion was passed, shall vest in the State Government. Feeling aggrieved by the aforesaid order, the petitioners have filed these writ petitions.

(3.) THE writ petitions have been contested on behalf of the respondents, but no reply to the writ petitions has been filed.