SUDI BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against order dt. 17.12.1996 passed by the District Collector, Rajsamand whereby a penalty of Rs. 29,865/ - is ordered to be recovered from the petitioner in terms of Rule 19 of the Rajasthan Land Revenue (Allotment, Conversion & Regularisation of Agriculture Land for Residential and Commercial Purposes in Urban Areas) Rules, 1981 (in short "the Rules of 1981" hereinafter) for unauthorised use of the land converted for residential purpose, for commercial purpose.

(2.) THE petitioner applied for conversion of his agriculture land measuring 905 sq. yard for residential purpose under the provisions of the Rules of 1981. After due inquiry, the application preferred by the petitioner was accepted by the Authorised Officer and the land use was ordered to be converted from agriculture to residential purpose. A patta of the land was issued in favour of the petitioner on 22.09.1986.

(3.) AFTER lapse of about 4 years, vide communication dt. 24.08.1996/04.09.1996 issued by the District Collector, Rajsamand, the Tehsildar, Nathdwara was directed to recover a sum of Rs. 29,865/ - from the petitioner as penalty for unauthorised use in terms of the provisions of Rules 13 and 19 of the Rules of 1981. A copy of the said communication was endorsed to the petitioner as well. In response to the said communication, vide application dt. 03.10.1996 the petitioner clarified the position that he has already deposited the conversion charges for commercial use of the land in pursuance of the order passed by the Authorised Officer and his land already stands converted for commercial purposes vide order dt. 20.01.1993 passed by the Authorised Officer. It was further clarified that the construction of the shops over the land was raised only after conversion of the land for commercial purpose and therefore, no penalty is leviable.