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2019 Supreme(Raj) 2781

S. RAVINDRA BHAT, PUSHPENDRA SINGH BHATI
Suman Prakash – Appellant
Versus
State of Rajasthan Through Secretary, Department Of Revenue – Respondent


Advocates Appeared:
R.D.S.S. Kharlia, Adv., Harshit Bhurani, Adv.

JUDGMENT

Pushpendra Singh Bhati, J. - The unsuccessful writ petitioners approach this court in the present appeal. They applied and were permitted conversion of agricultural lands (which were originally used for agricultural purposes) into residential purpose on 16.4.2004 by an order issued by the competent authority. The order of conversion stipulated that the land could not be used for any purpose other than for what conversion was permitted (i.e. as residential). It was discovered and duly recorded in a report of the Tehsildar, dated 23.6.2015 that the land was used for commercial purposes. The appellant sought for change of purpose in terms of Rule 10 of the Rajasthan Land Revenue (Conversion of Agricultural land for Non Agricultural Purposes in Rural Areas) Rules, 2007. The Rule as originally stood reads as follows:

    "10. Change in purpose of Conversion.- (1) If a person, after the issue of conversion order under Rule 9 for any specific purpose, intends to use it other non-agricultural purpose, he shall submit an application to the prescribed authority in Form "C" alongwith a challan indicating the difference amount of premium, if any. "

    2. By Notification dated 6.10.2016, the sai

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