NIRMALJIT KAUR,J. - (1.) The petitioner purchased a total of 1.2300 Hectares of land situated in village Barapal, Tehsil Girwa, District Udaipur through various sale deeds numbering almost 14. The said land was purchased after the same already stood converted from agricultural to residential purpose. After purchase of aforesaid lands and certificate in the name of the petitioner-Company, the petitioner Company applied to the District Industries Centre, Government of Rajasthan, Udaipur on 12.12.2012 for the purpose of service to be rendered as 'hotel service' which is placed on record as Annexure 2. For the aforesaid purpose, the petitioner also moved an application for sanction to the respondent No. 2. In pursuance thereto, the District Collector, Udaipur wrote letter No. 2253 dated 25.09.2013 to the relevant authorities for conversion of the aforesaid lands from residential to commercial i.e. hotel purpose. The aforesaid letter was also forwarded to the respondent No. 3 i.e. the Tehsildar, Girwa for report by the District Collector, Udaipur, who on dated 26.09.2013 forwarded it to the authority subordinate to report within three days. For the purpose of aforesaid construction, the petitioner in the year 2013 applied for loan to Cholamandalam Investment and Finance Limited, who financed an amount of Rs. 1,49,74,842/-. In pursuance of seeking conversion from residential to commercial i.e. hotel purpose, an official amount was asked by the respondent No. 2. The amount so demanded for conversion from residential to commercial was duly deposited. However, the said application was kept pending. The said application was required to be decided within 30 days but for the reasons best known to the respondents, the same was never decided. Instead, the respondent No. 4 registered a case under Sections 90(A) and 5(kha) of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as "the Act of 1956) against the petitioner by mentioning that the lands in question have been converted for residential purpose but is being used for commercial purpose and the petitioner was issued notice on 01.04.2015 to appear on 15.04.2015 and was ordered to vacate the premises. It is contended by learned counsel for the petitioner that the petitioner never came to know about the said notice till the respondent No. 4 passed an order dated 15.04.2015 for dispossessing the petitioner from the land and the building constructed thereon. The Land Revenue Inspector, the concerned Patwari and the SHO, Police Station Gordhan Vilas together with the respondent No. 3 were requested to comply with the order and the respondent No. 2 was directed to dispose of the property in question. Vide letter Nos. 04 and 35 dated 17.04.2015, the SHO, Police Station Gordhan Vilas informed that the properties of the petitioner has been seized, thus, care of lands and buildings aforesaid be taken adequately. Thereafter, a Parcha Moka and Supurdginama was prepared in presence of brother of the petitioner regarding taking of the possession of the lands and buildings in question. Vide a letter dated 22.04.2015, the respondent No. 2 was requested by the respondent No. 4 regarding disposal of the aforesaid lands so seized. Thereafter, on 05.05.2015 a notice regarding vesting of the land and buildings in the State was issued.
(2.) While issuing notices on 19.02.2016, status quo as it existed on the said date was ordered.
(3.) Reply has been filed. As per the reply and learned counsel for the respondents, the lands in question were converted in favour of persons named in the conversion orders for residential purposes and not for commercial purposes. Condition No. 1 of the conversion order is clear and specific to the effect that the lands in question will not be used for any other purpose without prior sanction and approval of the competent authority. Since the petitioner raised the construction of the hotel building and started commercial activities even prior to the approval and any conversion from residential to commercial, the proceedings under Section 90A of the Act of 1956 were rightly initiated and thereafter an appropriate order dated 03.06.2015 was passed by the respondent No. 3 after taking into account the order dated 25.05.2015 passed by the respondent No. 2 vide which it was opined to forfeit the land in favour of the State with a further direction to also withdraw the conversion from residential to commercial.;