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2021 Supreme(Raj) 191

INDRAJIT MAHANTY
Sun City Project Pvt. Ltd. Through its Director Shri Varun Aggarwal, son of Shri Subhash Aggarwal – Appellant
Versus
Jaipur Development Authority, J. L. N. Marg, Jaipur, through its Secretary – Respondent


Advocates Appeared:
For the Petitioners: Mr. R.B. Mathur with Ms. Archana Jangir & Mr. Amit
For the Respondents: Mr. Amit Kuri with Ms. Kavita Sharma

ORDER :

1. Instant writ petition has been filed by petitioner-Company with the following prayers:

2. I have heard learned counsels for the respective parties.

3. Learned counsel for the petitioner submitted that the khatedari land measuring 07 bigha 09 biswa was acquired by a partnership firm, namely M/s Assam Roller Flour Mills vide registered Sale Deed dated 27.09.1960 and thereafter got it converted into industrial under the provisions of Rajasthan Industrial Areas Allotment Rules, 1959. Consequent thereto, a lease deed between M/s Assam Roller Flour Mills and Government of Rajasthan was executed on 13.07.1966 and got registered on 10.08.1966.

4. The industry established on the disputed land by the firm had to be closed down in the year 2000 and in the beginning of 2003 the firm applied for re-conversion of this land into agricultural land. At that time, Rule 13 and Rule 14 of the Rajasthan Industrial Areas Allotment Rules 1959, permitted such re-conversion. The difference in both the rules was that Rule-13 gave the absolute right to get the land re-converted into agricultural, whereas Rule-14 dealt with the situation where a person intended to use such converted land for any other

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