Prakash Tatia, J. - (1.) HEARD Learned Counsel for the parties.
(2.) THE petitioner has challenged the show cause notices issued by the Collector, Udaipur in reference application Nos. 2/2005 and 3/2005 (Annex.14 and 15) and sought order to restrain the respondents from questioning the nature of the land (abadi) in question in the proceedings initiated under Section 82 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as the Act of 1956). The petitioner further prayed that by appropriate, writ, order or direction the communication dated 8.6.2005 (Annex.10), decision dated 18.6.2005 (Annex.13) and further communication dated 1.7.2005 (Annex.12) be declared illegal and be quashed and it may be further declared that the application dated 19.2.2003 of the petitioner for sub -division was deemed to be granted in terms of Rule 27(4) of the Rajasthan Urban Areas (Sub -Division, Re -constitution and Improvements of Plots) Rules, 1975 (hereinafter referred to as the Rules of 1975) with effect from 5.7.2004 or in the alternative, the respondent -trust may be directed to allow the said application with all consequential directions. It will be worthwhile to narrate the facts in detail of the case in view of the fact that dispute with respect to nature of the land was subject matter in earlier round of litigations and according to the petitioner, decision about the nature of land in question being abadi land attained the finality and further in the proceedings Under Section 82, it cannot be examined nor the UIT can question it.
(3.) UNDISPUTEDLY land falling in Khasras Nos. (Old Khasras Nos. ) 6/1, 45/2, 46/1, 48/2, 119/1, 120/1, 122/1, 123/1, 140/1, 402/2, 403, 404/3, 406/2, 401/2, 423/1 and 424/1 measuring 400 bighas is situated in village Goverdhan Villas and Dewali, Tehsil Girwa, District Udaipur were in ownership of Late Maharaja Bhagwat Singh of Mewar. Subsequently, the above Khasras numbers were given new numbers in settlement and new Khasras nos are 75, 76, 116, 117, 118, 188 and 1076/69. Khasras Nos. 118 and 188 (new) only are relevant for the purpose of this writ petition. The land falling in Khasras Nos. 118 and 188 is 79.7100 hectares.;