SUNIL KUMAR GARG, J. - (1.) THE above mentioned five writ petitions are being decided by this common order as in all of them subject matter in dispute is the same. S.B. Civil Writ Petition No. 2183/1988
(2.) THIS writ petition has been filed by the petitioner Under Article 226 of the Constitution of India against the respondents with the prayer that the order dated 4.6.1988 (Annex. 3 to the writ petition) passed by the Collector, Sri Ganganagar by which conversion charges at the rate of Rs. 400/ - per bigha per annum were demanded from the petitioner and further, demand notice dated 30.6.1988 (Annex. 4 to' the writ petition) issued by the Tehsildar (Revenue), Sri Ganganagar in pursuance of the order dated 4.6.1988 (Annex. 3) be quashed. It arises in the following circumstances: The petitioner had a Khatedari land 6 biswas in Killa No. 4, 5 biswas in Killa Nos. 6, 5 biswas in Killa No. 25 and Killa Nos. 7, 14, 15, 16, 17, 22 measuring 6 bighas and 16 biswas in Square No. 2 of Chak 15 -Z, Tehsil Sri Ganganagar. The petitioner intended to instal the brick kiln and, therefore, he applied for conversion of his Khatedari agricultural land into non -agricultural land under the provisions of the Rajasthan Land Revenue (Conversion of Agricultural into Non -Agricultural Land) Rules, 1961 (hereinafter referred to as 'the Rules of 1961)'. The Collector, Sri Ganganagar (respondent No. 2) after making proper enquiries converted the land of the petitioner by his order dated 19.11.1987 (Annex. 1) and in pursuance of the said order, the petitioner deposited the requisite amount of Rs. 2720/ - through challan, a copy of which is marked as Annex. 2. Thereafter, the State Government through amendment on 27.7.1989 added Part -C containing conditions No. 19, 20 and 21 in the Rajasthan Colonisation Project Areas Brick Kiln (Leases) Conditions, 1966 (hereinafter referred to as the 'Conditions of 1966') and as per condition No. 20(3) of the Conditions of 1966, the lessee shall pay the lease amount which shall be four hundred rupees per bigha per annum. In pursuance of the said amendment, the Collector, Sri Ganganagar (respondent No. 2) issued order dated 4.6.1988 (Annex. 3 to the writ petition) and through that order, he demanded from the petitioner conversion charges at the rate of Rs. 400/ - per bigha per annum in place of Rs. 40/ - per bigha per annum and in pursuance of the said order of the Collector, Sri Gangangar dated 4.6.1988 (Annex. 3), the Tehsildar (Revenue), Sri Ganganagar (respondent No. 3) issued notice dated 30.6.1988 (Annex. 4 to the writ petition) by which he made demand of Rs. 27,200/ - from the petitioner. In this writ petition, both the order dated 4.6.1988 (Annex. 3) and notice dated 30.6.1988 (Annex. 4) have been challenged by the petitioner.
(3.) IN this writ petition, the main arguments of the learned Counsel appearing for the petitioner are: (1) That since the Conditions No. 6, 7, 9, 10, 11, 12, 19 and 20 of the Conditions of 1966 have been declared ultra vires by the Full Bench of this Court in Mohd. Bux v. State of Rajasthan and Ors. , therefore, no action can be taken on the basis of these Conditions of 1966 and thus, issuance of order dated 4.6.1988 (Annex. 3) and notice dated 30.6.1988 (Annex. 4) in pursuance of the Condition No. 20 (3) are per se illegal and without jurisdiction. (2) That conditions No. 19 and 20 were added through amendment in 1989 and before that amendment, the petitioner had already deposited the conversion charges at the rate of Rs. 40 per bigha per annum and, therefore, from this point of view, no fresh charges can be demanded from the petitioner. ;