JUDGMENT :

1. The petitioner herein has preferred the instant writ petition in the nature of Public Interest Litigation (PIL) praying for the following reliefs:-

"It is therefore, humbly prayed on behalf of petitioner that this writ petition for Public Interest Litigation may kindly be allowed and by an appropriate, writ, order or directions may kindly be issued against the respondents in following manners.

a) That by an appropriate writ direction or order may kindly be issued and the respondents may kindly be directed that there is no necessity for change the land use under the provision of Rules of 2007, if the Khatedar Tenant may use or sub let his Khatedari land for set up the Solar Farm/Solar Plant/Solar Power Plant according to the Rules of 2007; and

b) That by an appropriate writ direction or order the respondents may kindly be directed that for registration of the lease of Sub letting the Khatedari land for purpose to set up the Solar Farm/Solar Plant/Solar Power Plant, there is no necessity of the conversion of land into non agricultural purpose under Rules of 2007; and

c) Bu an appropriate writ order or direction, the respondent Registration Authority may kindly be directed that they not discriminate to the persons on the basis of Caste/category when any kind of the land is subletting for purpose to establish a Solar Farm/Solar Plant/Solar Power Plant, and not forced to the Schedule Caste category Khatedar for the conversion of the land into non agricultural purpose under the Rule 2007 before registration of lease of sublet the land;

d) By an appropriate writ order or direction, may kindly be issued and the respondents may kindly be directed to accept the lease of subletting the Khatedari land of Schedule Caste/Scheduled Tribe category for purpose to set up Solar Farm/Solar Plant/Solar Power Plant, without any conversion of the Khatedari right into non agricultural purpose;"

2. Learned counsel Shri Moti Singh representing the petitioner vehemently and fervently contended that in the garb of setting up of the solar power plants on Khatedari lands of villages in Tehsil Bap, poor and uneducated Scheduled Caste land holders are being forced to convert their land. He urged that the land of scheduled caste person cannot be converted as the same is contrary to the provisions of the Rajasthan Tenancy Act and so also Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purposes in Rural Areas) Rules, 2007 (for short hereinafter referred to as "the Rules of 2007"). He submitted that there is no legal sanction behind conversion of such Khatedari lands. He submits that the Khatedars who have voluntarily let out their land for the purpose of setting up of the solar power plants, are being forced to get their land converted by pressurizing them that if the conversion is not done, the lease deeds would not be executed. On these grounds, learned counsel Shri Moti Singh urged that the registration authority be restrained from converting the Khatedari lands of Scheduled Caste persons for non-agricultural purposes.

3. We have considered the submissions advanced at bar and have gone through the material placed on record as well as relevant provisions of rules.

4. The process of using the Khatedari lands in the revenue villages concerned for the purpose of setting up of solar farm/solar plant/solar power plant, wind farm/wind power plant is governed by Clause 6B of the Rules of 2007, which reads as below:

"6B. Use of Khatedari land for Solar Farm/Solar Plant/Solar Power Plant, Wind Farm/Wind Power Plant - Notwithstanding anything contained in these rules, a khatedar tenant may use or sublet his khatedari land for Solar Farm/Solar Plant/Solar Power Plant, Wind Farm/Wind Power Plant and no conversion shall be required for such use. The area, so used, shall remain in his khatedari but the khatedar tenant shall inform 30 days before such intended use of land or Tehsildar and the Rajasthan Renewable Energy Corporation in Form-E.