PRAKASH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Special Appeal is directed against the order of the learned Single Judge dated March 4, 1991 by which he has dismissed the writ petition.

(2.) THE facts giving rise to the writ petition may be summarised thus. Agricultural land bearing Khasra No. 173 measuring 33 Bigha and 7 Biswas, Khasra No. 173/1 measuring 1 Bigha and 16 Biswas and Khasra No. 174 measuring 8 biswas, in all measuring 36 Bighas and 12 Biswas, situated in the town of Sumerpur (Pali) belonged to one Poonamdas son of Shri Chain Das by caste Sadh. Prior to the year 1942, it was in cultivatory possession of Poonamdas as per revenue records. He transferred the same during his life time to one Chhagan Singh by a registered sale-deed dated February 27, 1969. In 1985, Chhagan Singh duly obtained permission for its fragmentation under Section 42 of the Rajasthan Tenancy Act and actually divided it into small plots, each measuring 200-300 sq. Yds. He sold 218 plots to various persons, including the petitioner. THE Petitioner moved an application for its conversion for residential and commercial purposes under the Rajasthan Land Revenue (Allotment, Conversion and Regularisation of Agricultural Land for Residential and Commercial Purposes in Urban Areas) Rules, 1981 (hereinafter referred to as 'the Rules') and deposited the requisite charges. THErefore, he got 'no Objection Certificate' from the Authorised Officer. One Babu Lal filed a complaint before the Collector, Pali stating that the said Poonam Das belonged to Scheduled Caste and his land was wrongly transferred under Section 42 of the Rajasthan Tenancy Act. On July 20, 1987, the Collector, Pali ordered to maintain the status quo. It was vacated on May 13, 1988. Babulal then lodged a complaint in Municipality, Sumerpur. On this complaint, the Administrator passed an order on December 12, 1988 for maintaining status quo. But on appeal, the Director, Local Bodies, vacated his order on January 20, 1989. THEreafter, Babulal through Magna Ram filed a suit before the Sub Divisional Officer, Bali, who vide order dated March 23, 1989 directed for maintaining status quo and this stay order was also stayed by the Revenue Appellate Authority. Babulal then approached the Revenue Minister complaining that the land belonged to Scheduled Caste Community and obtained a stay order on June 12, 1989. Writ petition No. 4334/89 was filed. It was dismissed on January 29,1990 as having become infructuous. Meanwhile, the suit was transferred to Pali and the stay order was vacated. Against it, Babulal filed an appeal before the Revenue Appellate Authority, Jodhpur. It is pending. On February 22, 1990, one Khima Ram also filed an appeal under Section 75 of the Rajasthan Land Revenue Act (hereinafter to be called 'the Act') before the Revenue Appellate Authority against the conversion granted in the year 1984 of the above land on the plea that Poonam Das belonged to Scheduled Caste community and the transfer of the land in favour of a non-Scheduled Caste person was not proper as it was hit by section 42 of the Act. THE Revenue Appellate Authority on April 24, 1990 vide Annexure 5 passed an exparte order, and thereafter, on May 16, 1990 vide Annexure 6 the Revenue Appellate Authority, cancelled the pattas granted to the petitioner and others. Being aggrieved, the petitioner preferred a writ petition challenging the orders Annexures 5 and 6. During the pendency of the writ petition, Babulal and Ram Gopal were impleaded as respondents. Without entering into the merits and the question of delay and latches, the learned Single Judge dismissed the writ petition holding that the appeal was perfectly maintainable under Section 75 of the Act.

(3.) IN exercise of the powers conferred by the above quoted provisions of the Act, the State Government empowered Authorised Officers as defined in Rule 2 (a) of the Rules to pass orders for conversion of agricultural land for residential and commercial purposes. The Authorised Officer has been defined as under: - "2 (a) "authorised Officer" means the Collector of the Revenue District having jurisdiction or any other Officer specially empowered by the Government in this behalf by notification published in the official gazette. "