Mohammad Rafiq, J.-The petitioner in this writ petition has challenged validity of Section 173-A of the Rajasthan Municipalities Act, 1959 (for short "the Act of 1959) and has prayed that the same be declared ultra vires of Articles 19(6) and 300-A of the Constitution of India and Sections 8 and 55(6)

(a) of the Transfer of Property Act, 1882 (for short "the Act of 1882") and has also prayed for quashment of letter dated 24.09.2002 (Annexure 6) and consequently refund of the amount deposited by the petitioner pursuant thereto with interest @ 24% p.a.

2. The case of the petitioner as set up in the memorandum of writ petition is that the petitioner alongwith his brother Suraj Mal purchased a house situated in Mohalla Hindusingh Kotdi, Sardarpura, Barmer for consideration of Rs. 3,00,000/-vide sale deed dated 010.1997 from one Shri Bhabhoot Singh s/o Shri Rai Singh and others. Having purchased the said house, the petitioner also took possession of the same. The petitioner thereafter submitted an application to the Municipal Board, Barmer (for short "the Board") for conversion of land use of the land over which this house was constructed from residential to commercial. The Boa