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1992 Supreme(Raj) 789

RAJESH BALIA
Shanti Chand – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - The petitioners who are 21 in number along with four other persons viz. Jagdish, Mahesh, Gopal, Krishna and Ratan Kumar jointly purchased four parcels of agricultural lands bearing arazi number 899, 900, 901 and 902 situated at Nimbahera, District Chittorgarh. The land was purchased after 20-8-81 from respective khatedars of the aforesaid khasra numbers. The entire land in question was agricultural land and situated within Municipal limits of town Nimbahera.

2. Though the petitioner had purchased the land jointly and each one of them had interest in the land, each one of them separately filed an application for permission to convert a part of aforesaid land from agricultural to abadi and to use the same for residential purpose. In each application, the area with reference to which permission for conversion was sought, was demarcated. Separate order was passed in the case of each of the petitioners on 5-10-89. The Sub Divisional Officer Nimbahera directed the recovery of amounts on the following counts -

1. Conversion charges.

2. Penalty purported to be under R. 13 (2) on the ground that purchases have been made by the applicant for conversion after 20-8-81.

3. The penalty




































































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