Arun Bhansali, J. - (1.) THIS writ petition is directed against the judgment dated 01.02.1996 passed by the Board of Revenue, Ajmer ('the Board'), whereby the revision petition filed by the respondents under Section 84 of the Rajasthan Land Revenue Act, 1956 ('the Act of 1956') against the order of the Revenue Appellate Authority (Second), Jodhpur ('the RAA') dated 13.01.1989 has been accepted.
(2.) SAGAR Mal was allotted a strip of land by the Municipal Board, Kuchaman City vide a resolution dated 20.07.1984, the permission to sell the land was granted on 28.05.1985, demand in this regard was raised on 01.07.1985 and the amount of demand was deposited on 06.07.1985 and 19.09.1985, whereafter, the permission to raise construction was granted on 20.09.1985; a Patta dated 30.10.1985 was issued by the Municipal Board, which was registered on 02.11.1985. In the meanwhile, on a complaint dated 21.09.1985, made by the Dy. Engineer, Public Works Department, Kuchaman City ('the Dy. En.') to the Assistant Engineer, Public Works Department, Nawa (Nagaur) ('the Asst. En.') alleging trespass within the limits of the road and construction, a notice was issued to the petitioner under Section 91 of the Act of 1956 to show cause; the petitioner produced material regarding the resolution passed by the Municipal Board, the sale permission, the demand raised and the amount deposited by the petitioner. The Asst. En. Found that by Notification dated 19.12.1968, all the Municipalities were bound not to lease out, sale or transfer land to the extent of 15 meters on both sides on State Highway. The authority further found that the petitioner has trespassed on the land and despite the fact that the land does not belong to Municipal Board, he was bent upon raising construction and that as the land belongs to the PWD directed demolition of the construction raised by the petitioner by his order dated 18.11.1985.
(3.) FEELING aggrieved, the petitioner filed appeal under Section 75 of the Act of 1956 before the District Collector, Nagaur ('the Collector'), the appeal came to be rejected by order dated 01.09.1986 on the Collector coming to the conclusion that the land could not be transferred by the Municipal Board.;