M. B. SHARMA, J. - (1.) UNDER challenge is (Annexure-1) dated 17th September, 1988 under which an attachment order has been made attaching a Cinema house constructed by the petitioner on the ground that the petitioner has failed to pay the conversion charges amounting Rs. 15, 765/ -.
(2.) THE disputes relate to 678 Sq. yards land out of Khasra No. 501 situated in Nagar Town, Distt. Bharatpur. THE petitioner claiming to be the khatedar of the aforesaid land, in all measuring 6 bighas and 12 Biswas applied for conversion for the purpose of residence under the Rajasthan Land Revenue Conversion of Agricultural Land for Residential and Commercial purposes in Urban Areas Rules, 1978 (for short 'the rules' ). THE application of the petitioner was under process and ultimately under order dated 5th July, 1982, conversion of 678 Sq. yards of land was ordered. THEre is no dispute between the parties that in fact no conversion was allowed for the area in which the petitioner is running A cinema house. Thus, there can be no dispute that the petitioner is using the land for the purposes other than for which conversion was ordered. It appears that it was brought to the notice of the competent authorities that the conversion was granted only for residential purpose but the fact is that the land was being used for commercial purpose and therefore, an order was made on 30th September, 1988 by the Sub Divisional Officer, that the. Tehsildar has reported under his order dated 23rd September 1988 that the petitioner has not paid sum of Rs. 15,765/- as conversion charges for the cinema house despite notice of attachment. THE learned Sub Divisional Officer ordered that the property may be auctioned. We have heard learned counsel for the parties. We will not express any 'opinion as to whether the petitioner is or not the khatedar of the land measuring 6 bighas and-12 Biswas because no material has been produced before us to come to the conclusion. But there can be no dispute that the petitioner applied for conversion of 678 Sq. yards of Khasra No. 501 for residential purpose and an order was made converting the aforesaid land for residential purpose on payment of Rs. 2754 which amount had been deposited by the petitioner. There is no dispute between the parties that the land which has been converted is being used for running a cinema house. It is a case that there are also shops and as such some of the lands in dispute is being used for commercial purposes. We do not enter into a dispute as to whether and if so 678 Sq. yards of land is being in fact used for commercial purposes. There are two different sets of rules, one is the Rajasthan Land Revenue (Conversion of Agricultural Land for Residential or Commercial Purposes in Urban Areas) Rules, 1978 and other one is the Rajasthan Land Revenue (Allotment, Conversion and Regularisation of Agricultural Land for Construction of Cinema, Hotels and Establishment of Petrol Pumps) Rules 1978. If anybody wants to get the land converted for construction of a Cinema house he has to apply under the latter Rules and it may be stated that there is no material and even it is not disputed by Mr. Dhankar learned counsel for the petitioner that the conversion under the latter Rules was never made. Conversion can only be ordered when an application for regularisation is made in that behalf by the person concerned. Without any such application, there can be no such conversion and no liability for payment of conversion charges, if any, will be fastened on the person who might have used the agricultural land or the government land either for residential/commercial or for construction of Cinema, Hotel and establishment of Petrol Pumps etc. We have already stated that the petitioner did not make an application for regularisation/conversion for const- ruction of a Cinema and therefore, no amount could have been charged from him in respect of the conversion charges even the land in dispute is being used either for commercial purpose or for Cinema purpose. If a person used any agricultural land for the purposes other than for which it has been regularised or converted, the competent authority is free to take action against such a person but no recovery for the amount of aforesaid charges can be made. Consequently, we hereby allow this writ petition and quash the order (Annexure-1) dated 17. 9. 1988. The non-petitioners or any competent authority shall be free to move in accordance with law against the petitioner. Cost made easy. .;