Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dt. 17.12.1996 passed by the District Collector, Rajsamand whereby a penalty of Rs. 29,865/ - is ordered to be recovered from the petitioner in terms of Rule 19 of the Rajasthan Land Revenue (Allotment, Conversion & Regularisation of Agriculture Land for Residential and Commercial Purposes in Urban Areas) Rules, 1981 (in short "the Rules of 1981" hereinafter) for unauthorised use of the land converted for residential purpose, for commercial purpose.
(2.) THE petitioner applied for conversion of his agriculture land measuring 905 sq. yard for residential purpose under the provisions of the Rules of 1981. After due inquiry, the application preferred by the petitioner was accepted by the Authorised Officer and the land use was ordered to be converted from agriculture to residential purpose. A patta of the land was issued in favour of the petitioner on 22.09.1986. After the conversion of the land as aforesaid vide notice dt. 24.11.1987 the petitioner was directed to deposit the conversion charges for use of the land for commercial purpose so also the penalty for unauthorised use of the land for commercial purpose. The notice was responded by the petitioner vide reply dt. 29.11.1998 stating therein that since part of the petitioner's agriculture land was used for public way therefore, he was assured orally by the Administrator of the Municipal Board, Nathdwara that he shall be permitted to raise construction of the shops by the road side without levying any further charges. However, it was submitted by the petitioner that he has raised construction of only a Gaushala in the area measuring 10 x 8 sq. ft. Thereafter, on payment of conversion charges quantified at Rs. 19,910/ -, the residential land of the petitioner was ordered to be converted for commercial purpose vide order dt. 18.12.1992. It is relevant to note that while passing the order for conversion of the land for commercial purpose, no penalty was ordered to be levied from the petitioner.
(3.) AFTER lapse of about 4 years, vide communication dt. 24.08.1996/04.09.1996 issued by the District Collector, Rajsamand, the Tehsildar, Nathdwara was directed to recover a sum of Rs. 29,865/ - from the petitioner as penalty for unauthorised use in terms of the provisions of Rules 13 and 19 of the Rules of 1981. A copy of the said communication was endorsed to the petitioner as well. In response to the said communication, vide application dt. 03.10.1996 the petitioner clarified the position that he has already deposited the conversion charges for commercial use of the land in pursuance of the order passed by the Authorised Officer and his land already stands converted for commercial purposes vide order dt. 20.01.1993 passed by the Authorised Officer. It was further clarified that the construction of the shops over the land was raised only after conversion of the land for commercial purpose and therefore, no penalty is leviable.;