M.N. Bhandari, J. - (1.) ALL these writ petitions involve common question of law thus are decided by this judgment. For convenience, facts of CW 2295/2001 - M/s. M.M. Enterprises versus State of Rajasthan & Ors. - have been taken. The petitioners are aggrieved by the order dated 1.11.1997 at annexure -11 and 24.11.1997 at annexure -13 passed by the Tehsildar, Kishangarh so as the orders dated 19.12.2000 at annexure -18 and 19.4.2001 at annexure -19 passed by the Board of Revenue, Ajmer. The prayer is made to direct the respondents to drop the proceedings initiated under sections 90A and 91 of the Rajasthan Land Revenue Act, 1956 (for short 'the Act of 1956') and, accordingly, allow the petitioner to retain the land for its utilisation for industrial purposes as per section 95(A)(5) of the Rajasthan Urban Improvement Trust Act, 1959.
(2.) LEARNED counsel for petitioners submits that on 15.3.1996, Patwari of Village - Samwatsar, Tehsil - Kishangarh, District - Ajmer submitted report before Tehsildar that petitioner has unlawfully taken possession of the land of the temple comprised in khasra No. 431 and installed cutting machine of marble and even constructed office building apart from godown. The Tehsildar thereafter registered a case under sections 90A and 91 of the Act of 1956 with a notice to the petitioner. The petitioner submitted reply to the notice containing, inter alia, that the area in question was declared as industrial area in the Master Plan of Kishangarh and entrusted to the RIICO thus provisions of sections 90A and 91 of the Act of 1956 would not be applicable. It was also stated that the land is not of the ownership of the State Government thus also, sections 90A and 91 of the Act of 1956 are not applicable. The Tehsildar, Kishangarh passed an order on 1.8.1996 accepting the objections raised by the petitioner, however, it was observed that petitioner could retain the land after conversion of land for use from agriculture to non -agricultural purposes. He, accordingly, granted liberty to move an application for conversion before the Collector, Ajmer within one month. The said order was then amended vide order dated 22.9.1997 on application submitted by the petitioner and others.
(3.) THE petitioner then submitted an application before the Tehsildar, Kishangarh for conversion of the land under the provisions of the Rajasthan Land Revenue (Allotment, Conversion and Regularisation of Agricultural Land for Residential, Commercial and Public Utility Purposes in Urban Areas) Rules, 1981 (for short 'the Rules of 1981') with the request to forward the file to the Collector. The application was returned to the petitioner with a direction to submit it in accordance with the Rules. On 1.11.1997, Tehsildar sent a letter to the concerned Advocate intimating that in absence of title, applicants are not having authority to apply for conversion thus application for conversion is returned and suo motu cognizance for review of the original order was taken and case was then fixed for hearing on 18.11.1997.;