BHAGWAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) UNDER challenge is (Annexure-1) dated 17th September, 1988 under which an attachment order has been made attaching a Cinema house constructed by the petitioner on the ground that the petitioner has failed to pay the conversion charges amounting Rs. 15, 765/ -.

(2.) THE disputes relate to 678 Sq. yards land out of Khasra No. 501 situated in Nagar Town, Distt. Bharatpur. THE petitioner claiming to be the khatedar of the aforesaid land, in all measuring 6 bighas and 12 Biswas applied for conversion for the purpose of residence under the Rajasthan Land Revenue Conversion of Agricultural Land for Residential and Commercial purposes in Urban Areas Rules, 1978 (for short 'the rules' ). THE application of the petitioner was under process and ultimately under order dated 5th July, 1982, conversion of 678 Sq. yards of land was ordered. THEre is no dispute between the parties that in fact no conversion was allowed for the area in which the petitioner is running A cinema house. Thus, there can be no dispute that the petitioner is using the land for the purposes other than for which conversion was ordered. It appears that it was brought to the notice of the competent authorities that the conversion was granted only for residential purpose but the fact is that the land was being used for commercial purpose and therefore, an order was made on 30th September, 1988 by the Sub Divisional Officer, that the. Tehsildar has reported under his order dated 23rd September 1988 that the petitioner has not paid sum of Rs. 15,765/- as conversion charges for the cinema house despite notice of attachment. THE learned Sub Divisional Officer ordered that the property may be auctioned.