Alok Sharma, J. - (1.) THE petitioners are aggrieved of non -consideration of their applications for conversion of their respective parcels of land, in their ownership, for commercial purpose even though they are ready to deposit the requisite amounts for the purpose with the Nagar Palika, Srimadhopur. Mr. Ravi Kant Sharma, appearing for the petitioners, has submitted that despite the readiness of the petitioners to deposit the requisite amounts for conversion of land use for commercial purpose as required in law qua their land and in spite of a recommendation for the purpose in the Nagar Palika's relevant office file under noting dt. 24.06.2014, the amounts for conversion of land use for commercial purposes are not being accepted by the respondent No. 2, Executive Officer, Nagar Palika, Srimadhopur, District Sikar. It has been submitted that in the circumstances, the petitioners are being prejudiced in commencing their business after due conversion of the property in issue to commercial use. It has been prayed that the respondent No. 2, i.e. Executive Officer, Nagar Palika, Srimadhopur be directed to accept the amounts as applicable from the petitioners for conversion of their land to commercial user and pass the appropriate order thereon with expedition.
(2.) REPLY to the petition has been filed. Oddly the defence taken is with regard to the ownership of the petitioners and also that without first converting the parcels of land in issue to residential user and issue of patta/lease -deed in respect thereof, conversion for commercial user cannot be permitted. It has been submitted that the change of land use can only be brought about under the Rajasthan Urban Area Land Use Change Rules, 2010 (hereinafter 'the Rules of 2010'). Heard the counsel for the petitioners and the respondents.
(3.) IT is not the case of the Nagar Palika, Srimadhopur that the land in issue is Government land. It has also not been denied that in the city survey of 1948 for Srimadhopur, the name of the predecessor in interest of the petitioners qua the land in issue has been shown. It has not been shown by Mr. Manu Bhargava, counsel for the respondents that under the Rules of 2010, it is a pre -condition for change of land use to commercial that the land in issue should first be converted to residential user. Aside of the aforesaid, from the facts on record, it is evident that the Director, Local Bodies vide letter dt. 07.02.2013 has directed the Executive Officer, Nagar Palika, Srimadhopur to treat the city survey of 1948 for Srimadhopur as proof of title because various Courts had taken such a view while pronouncing the judgments. A copy of the letter dt. 07.02.2013 has been annexed to the rejoinder to the reply as Annexure -5. It is also not denied that the deposit of requisite amount for conversion to commercial user on the basis of title as per record of the city survey of 1948 for Srimadhopur qua file Nos. 4/2012, 5/2012, 6/2012 i.e. of Vaidnath Singh S/o Sakal Dev Singh, Bhanwar Lal Sharma S/o Ladu Ram Sharma and Banwari Lal Sharma S/o Durga Prasad Sharma respectively had been asked for and order of conversion passed. The file noting of the Nagar Palika as of 24.06.2014 itself records that the petitioners be required to deposit the requisite amounts for conversion of land use standing in their names to commercial use. Yet for reason not known and not explained adequately, a contra view has been taken as reflected in the reply to the writ petition, in an arbitrarily manner by the Executive Officer, Nagar Palika, Srimadhopur.;