SANGEET LODHA,J. - (1.) These petitions are directed against order dated 24.6.14 passed by the District Collector, Dungarpur, whereby order dated 20.12.12 passed by the Authorised Officer, Municipal Board, Sagwada converting the agriculture land measuring 0.13 biswas comprising khasra no.5497 situated at village Sagwada, District Dungarpur in favour of the petitioner Puriya for residential purposes under Section 90A of Rajasthan Land Revenue Act, 1956(for short "the Act of 1956"), stands set aside. Consequently, the patta issued in his favour stands cancelled and the matter has been remanded to the Authorised Officer, Municipal Board, Sagwada to take appropriate proceedings for conversion after taking into consideration the actual position of the land in the record and at the site.
(2.) The relevant facts are that Shri Dungar Makwana, resident of Sagwada, made an application under Section 90B of the Act of 1956 for conversion of land measuring 0.13 biswas i.e. 1261 sq. yard comprising khasra no.5497 for residential purposes before the Authorised Officer (Land Conversion), Sub Divisional Officer, Sagwada. The application preferred was rejected by the Authorised Officer (Land Conversion), Sagwada vide order dated 19.1.11 relying upon the report submitted by the Tehsildar, clarifying that the plan submitted by the applicant, the khatedar of the land, is incorrect inasmuch as, in the map produced in the west existence of PWD Road is shown whereas as per the revenue record in the west of khasra no.5497, there exists land of khasra no.5498, then abadi land of khasra no.5303 and thereafter, there is PWD Road. The order passed by the Authorised Officer as aforesaid was not further challenged by the applicant Dungar by taking appropriate remedy and the same attained finality.
(3.) Dungar sold the said land to the petitioner Puriya by way of registered sale deed. In the meantime, the area wherein the land in question is situated stood transferred to the Municipal Board, Sagwada. After purchasing the land, Puriya made an application for conversion of the land ad measuring 1261 sq. yard to the Authorised Officer (Land Conversion) i.e. the Executive Officer, Municipal Board, Sagwada. The Authorised Officer proceeded to convert 1088 sq. yard land out of 1261 sq. yard for residential purposes vide order dated 8.2.13 and issued patta in favour of the petitioner Puriya. On the same day, petitioner Puriya sold the land in favour of the petitioners Daksha and Kachru by way of registered sale deed.;