Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioners aggrieved against the demand notice dated 27/9/2013 (Annex.12) issued by the respondents and has sought a further direction to decide the representation in terms of Section 173-A (2) of the Rajasthan Municipalities Act, 1959 (for short 'the Act').
(2.) The petitioners are owner of property ad measuring about 175.12 sq.mtrs. situated at Beriyon-ka-Mohalla outside Sojati Gate, Jodhpur by virtue of sale deed dated 11/9/2002 executed by Suraj Prakash, Chandra Prakash and Anand Prakash. The land in question had originally formed part of Patta No. 92 issued under the Marwar Patta Ordinance in favour of one Daya Ram by the then Jodhpur State in the year 1902. The petitioners wanted to raise construction and, therefore, they submitted an application in May, 2003, which was referred to Senior Town Planner, Jodhpur Zone, Jodhpur, who gave his technical consent for conversion from residential use to commercial use subject to the conditions mentioned therein, which pertain to the stipulations regarding raising of construction after approval of the map providing for parking etc. In view of the conditions imposed by the Municipal Authorities, it is claimed that the petitioners applied for conversion under the Rajasthan Municipalities (Conversion of Land Use), Rules, 2000 ('the Rules of 2000') on 16/7/2003, where after, the Municipal Corporation in its meeting dated 23/2/2004 granted approval for conversion of the land in question and based on the application made by the petitioners and conversion permitted by the Municipal Corporation, a demand notice dated 2/4/2004 (Annex.8) was issued demanding a sum of Rs. 5,17,800/-.
(3.) Feeling aggrieved, the petitioners filed S.B. Civil Writ Petition No.1944/2004, which came to be allowed by this Court on 22/5/2008, whereby, the conversion charges demanded by the respondent vide Annex.8 was quashed against which the D.B. Civil Special Appeal (Writ) No.159/2009 was preferred, which also came to be dismissed vide judgment dated 2/2/2009 by the Division Bench of this Court. Against the Division Bench judgment, the respondent Municipal Corporation approached the Hon'ble Supreme Court & the Hon'ble Supreme Court by its order dated 8/1/2013, since reported as Municipal Corporation, Rajasthan v. Sanjeev Sachdeva & Ors. : (2013) 12 SCC 562 , came to the conclusion that the judgment of this Court was based on unamended provisions of Section 173-A of the Rajasthan Municipalities Act, 1959 ('the Act') and the judgment in the case of State of Rajasthan & Ors. v. Pareshar Soni :(2007) 14 SCC 144 had no application. However, on a further plea being raised on behalf of the petitioners, the Hon'ble Supreme Court made the following observations while allowing the appeal: "Learned counsel appearing for the respondents, however, submitted that the area in question is notified as commercial area under the Master Plan and, therefore, there is no question of any conversion of the residential property to commercial. We notice that this point was not raised before the High Court and we are, therefore, not called upon to decide that question. However, the respondents, if so advised, may take up this issue before the Corporation and it is for the Corporation to consider that issue in accordance with law. Appeals are accordingly allowed and the judgments of the High Court are set aside. However, there will be no order as to costs. ";