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Rajasthan High Court · body

2022 DIGILAW 1507 (RAJ)

Uda Ram v. State Of Rajasthan

2022-05-10

VINIT KUMAR MATHUR

body2022
ORDER 1. Heard learned counsel for the parties. 2. The present writ petition has been filed by the petitioner praying that pursuant to the orders dated 11.09.2013 (Annex.15) and order of even date (Annex.18) passed by the authorized officer, Municipal Council, Pali, the lands of Khasra No.675/3 and 677 may be recorded as 'non agricultural land' in favour of the petitioner. When the orders dated 11.09.2013 (Annex.15 & 18) were not given effect to, the petitioner preferred the present writ petition for compliance of the orders (Annex.15 & 18). 3. Learned State counsel submits that the respondents did not implement the orders dated 11.09.2013 (Annex.15 & 18) passed by the Authorized Officer, Municipal Council, Pali on account of the fact that a reference was made by the District Collector, Pali to the Board of Revenue, Ajmer vide its order dated 03.12.2015 (Annex.36) to the effect that the lands mentioned in the orders (Annex.15 & 18) of Khasra Nos.675/3 and 677 form part of 'Kachhar land' of the pond, therefore, the same cannot be converted from agricultural land to non- agricultural land. 4. At this juncture, learned counsel for the petitioner submits that the reference made by the District Collector, Pali has been decided by learned Board of Revenue vide its order dated 07.10.2020 whereby the learned Board of Revenue has rejected the reference so made. 5. Learned counsel for the parties are in agreement that order dated 07.10.2020 passed by the Board of Revenue has attained finality as the same has not been challenged by any party including the State before any competent court. 6. Learned counsel for the petitioner submits that since the impediment for non implementing the orders dated 11.09.2013 (Annex.15 & 18) survives, therefore, the authorities may be directed to record the land of Khasra Nos.675/3 and 677 in the revenue record from agricultural to non agricultural land. 7. I have considered the submissions made at the bar. 8. 6. Learned counsel for the petitioner submits that since the impediment for non implementing the orders dated 11.09.2013 (Annex.15 & 18) survives, therefore, the authorities may be directed to record the land of Khasra Nos.675/3 and 677 in the revenue record from agricultural to non agricultural land. 7. I have considered the submissions made at the bar. 8. From the admitted position reflected before this court, it is clear on record that the conversion orders (Annex.15 & 18) passed by the Authorized Officer, Municipal Council, Pali are required to be given effect to by recording the land in the revenue record from agricultural to non - agricultural land as the reference so made to the Board of Revenue by the District Collector vide its order dated 03.12.2015 has been rejected by the Board of Revenue vide its order dated 07.10.2020 and therefore, in the opinion of this court, now there is no impediment for passing appropriate orders for recording the land of Khasra Nos.675/3 and 677 from agricultural to non agricultural land in the revenue record. 9. In view of the discussions made above, the writ petition filed by the petitioner is disposed of with a direction to the respondent No.2 to record the land of Khasra Nos.675/3 & 677 as non agricultural land in the revenue record in favour of the petitioner. 10. The needful be done within a period of two months from the date of receipt of certified copy of this order. 11. The stay petition also stands disposed of accordingly.