MEWA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner in this writ petition has challenged validity of Section 173-A of the Rajasthan Municipalities Act, 1959 (for short "the Act of 1959) and has prayed that the same be declared ultra vires of Articles 19(6) and 300-A of the Constitution of India and Sections 8 and 55 (6) (a) of the Transfer of Property Act, 1882 (for short "the Act of 1882") and has also prayed for quashment of letter dated 25th September 2002 (Annexure 6) and consequently refund of the amount deposited by the petitioner pursuant thereto with interest @ 24% p. a.

(2.) The case of the petitioner as set up in the memorandum of writ petition is that the petitioner along with his brother Suraj Mal purchased a house situated in Mohalla Hindusingh Kotdi, Sardarpura, Barmer for consideration of Rs. 3,00,000/- vide sale deed dated 8-10-1997 from one Shri Bhabhoot Singh s/o Shri Rai Singh and others. Having purchased the said house, the petitioner also took possession of the same. The petitioner thereafter submitted an application to the Municipal Board, Barmer (for short "the Board") for conversion of land use of the land over which this house was constructed from residential to commercial. The Board granted desired permission on 15-1-2002 and accordingly the petitioner started raising construction on the land. When the entire construction was over, the respondent Board gave a notice to the petitioner to deposit the conversion charges. Accordingly, the petitioner deposited such charges under protest in the sum of Rs. 35,580/- on 27th June, 2002. The petitioner has submitted that no prohibition or restraint could be placed on his right to use the free hold land as per conditions of the 'patta' which is age old and was given by the then Jagirdars of Hemeerpura.

(3.) In para 6 of the writ petition, reference to Section 173-A as it earlier existed in the Act of 1959 has been made, which for the facility of reference is reproduced here-under :-