SMT. GAYATRI TIWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, a challenge is made to a decision of the respondents holding conversion of land use of the subject property necessary under the provisions of the Rajasthan Municipalities Act, 2009 (for short 'the Act of 2009') and consequential communication dated 22.3.2012 asking the petitioner to complete the process for conversion of land. Brief facts of the case

(2.) It is stated that a land ad-measuring 4 bigha 11 biswa was allotted to one Jhumar Lal Tiwari in the year 1916 by the then State of Jaipur. The land was then purchased by Jhumar Lal Tiwari's son Govind Narain Tiwari in the year 1939 by paying a sum of Rs. 30,000.00 towards 'nazarana' to the then State of Jaipur. Govind Narain Tiwari executed a gift deed in favour of the petitioner and Pradyumn Kumar Tiwari on 13.4.1957. The petitioner was desirous of developing a commercial complex in the subject property thus submitted site plan and map for its approval on 5.11.2007 to the Municipal Corporation, Jaipur. No action was taken for approval of the map thus petitioner made several representations to the Corporation but she received no response other than to seek clarification to certain objections vide letter dated 29.11.2007. When no further response was given by the Corporation, petitioner served a notice for demand of justice on 27.9.2011.

(3.) The petitioner preferred a writ petition bearing CW 15488/2011 to challenge action of the respondents Corporation. It was disposed of vide order dated 14.11.2011 to take remedies as are available under the law. The petitioner made a representation to the respondents but no response to it was given. A notice for contempt proceedings was served and it is thereupon that the letter dated 22.3.2012 was sent to the petitioner asking her to get the conversion of land as per section 182 of the Rajasthan Municipalities Act, 2009. The petitioner is aggrieved by the aforesaid thus preferred this writ petition. Submissions of the petitioner