Ajay Rastogi, J. - (1.) INSTANT petition has been filed by the petitioner who has alleged in the writ petition that he purchased the land in question arises from khasra No. 73/1 of village Jabad, Heerapura, Tehsil Phagi, District Jaipur by registered sale deed on 23.1.08 has assailed the order passed by the District Collector, Jaipur dt.19.8.2010 (Annx.8) whereby the order of conversion from agriculture to residential dt.18.1.08 has been cancelled on the premise that at the time of passing the order of conversion there was a civil suit pending in the court of Additional District Judge and order of temporary injunction under Order 39 Rule 1 & 2 CPC passed by the Court of competent jurisdiction on 27.2.06 was in existence which was confirmed on 10.7.06, in such circumstances the conversion order could not have been passed by the authority pending proceedings before the civil court and these facts appear not to have been brought to the notice of the authority about the proceedings being pending in the civil court and that the injunction order was operating during the period when the order of conversion was passed.
(2.) COUNSEL submits that the petitioner is bonafide purchaser of the property in question and it was never brought to their notice that there is a dispute pending in the civil court in regard thereto wherein injunction order was operating upon. Apart from it, when the report was obtained from Tehsildar, he submitted his categorical report that no stay/injunction is operating in the matter in regard to land in question, taking note thereof the order of conversion was passed by the competent authority and in such circumstances, the action of the District Collector, Jaipur while passing the order impugned dt.19.8.2010 is wholly unwarranted. He further submits that before passing order impugned, since after being registered owner of the property already vested with the petitioner, no order adverse to their interest could have been passed without affording opportunity of hearing. In the opinion of this Court, the submissions made are without substance for the reason that the facts which have come on record are not controverted by the petitioner that civil suit in respect of the land in question is pending and the order of injunction passed by the learned trial Judge is in existence and operating upon on the date when the order of conversion dt.18.1.08 was passed and since these facts having remained un -controverted, in the opinion of this Court, there was no error being committed by the District Collector in cancelling the later order of conversion passed by the authority dt.18.1.08 pending proceedings before the learned trial Judge when the stay was operating in regard to the dispute between the parties vide order impugned dt.19.8.2010.
(3.) SO far as the submission made with respect to violation of principles of natural justice is concerned, suffice is to say that in the facts of the instant case when the facts referred to supra remained un -controverted, affording of opportunity remain empty formality and not going to serve any purpose and in these circumstances opportunity of hearing which has not been afforded to the petitioner has not caused any prejudice in the facts of the instant case and so far as the submission made that the petitioner was not aware of the proceedings, it was open for him to file an application for impleadment under Order 1 Rule 10 CPC before the Civil Court against the injunction order operating upon which as alleged is causing prejudice to the petitioner.;