The admissibility of an unregistered sale agreement under Section 90-B of the Rajasthan Land Revenue Act, 1956, and the sufficiency of public notices with wide circulation.

ORDER

1. Petitioner - Ram Swaroop has preferred S.B. Civil Writ Petition No.6340/2007 inter-alia praying therein that order dated 20.7.2007 and the order of regularization dated 14.12.2006 may be quashed and set aside and the respondent - Jaipur Development Authority (for short 'JDA') be directed not to issue any patta in pursuance of the so-called regularization. Same petitioner - Ram Swaroop has preferred S.B. Civil Writ Petition No.7/2016 inter-alia praying therein that the order dated 19.12.2005 passed by the Authorized Officer, Jaipur Development Authority, Jaipur and the order dated 8.9.2015 passed by the Divisional Commissioner in Appeal No.37/2015 may be quashed and set aside and respondents be directed to record land in dispute in the name of the petitioner in revenue record.

2. Petitioner-Ram Swaroop and others have preferred S.B. Civil Regular First Appeal No.365/2008 aggrieved by the order dated 4.3.2008 whereby application under Order 7 Rule 11 CPC was allowed by the Court below and the suit was rejected. S.B. Civil Contempt Petition No.322/2008 in S.B. Civil Writ Petition No.6340/2007 has been filed by petitioner - Ram Swaroop praying therein that the respondents be declared guilty for the non- compliance of the interim order of the High Court dated 13.9.2007 and to punish the respondents suitably considering the facts and circumstances of the case.

3. The dispute in all these petitions pertains to land situated in Village Meenawala, Sirsi Road, Jaipur situated in Khasra No.122/123 measuring 2 bigha 7 biswa, Khasra No.125 measuring 1 bigha 19 biswa, Khasra No.127 measuring 5 biswa, Khasra No.128 measuring 2 bigha 12 biswa, Khasra No.133 measuring 21 bigha, Khasra No.134 measuring 8 bigha 1 biswa, Khasra No.134/432 measuring 2 biswa; the total Khasra numbers are 8 and total land is measuring about 37 bigha 18 biswas in which share of Govind Ram was 1/5th i.e. total disputed land is around 7 bighas. The subject matter of the dispute in all these petitions being the above land, the same are being decided by this common order.

4. The factual matrix of the case are that an agreement to sell was executed on a stamp of Rs.10 by Govind Ram in favour of Laxmi Nagar Grah Nirman Sahakari Samiti Ltd. (hereinafter referred to as 'the Society') on 30.12.1995 at an agreeable consideration of Rs.2,10,000/- per bigha. In the agreement, Govind Ram admitted that the land was being sold for his and for his family's need. The time period for payment of the entire consideration was upto 31.3.1997. The right to develop a scheme & to allot the land, right to get the documents registered and the right to get the land converted were given in the agreement. Different payment receipts and bank statements point out towards the payment having been made to Govind Ram in lieu of the sale agreement. In 1999, the Society submitted a list of members and an application was filed by the Society under Section 90-B of The Rajasthan Land Revenue Act, 1956 (hereinafter referred to as 'the Act of 1956'). Public notices were published in 'Dainik Navjyoti' and 'Mahka Bharat' under Section 90-B of the Act of 1956 read with Section 63 of the Tenancy Act on 8.12.2005. One of the co- shares filed objections on 12.12.2005. Vide order dated 19.12.2005, the Authorized Officer, Deputy Commissioner, Zone- VII, JDA, Jaipur noted that there was violation of Section 90-B(1) of the Act of 1956 and directed to record the land in the name of JDA. Govind Ram expired on 15.9.2006. The scheme plan was approved by the JDA on 26.10.2006. Notification dated 4.12.2006 under Section 25(3) was published in the newspapers issued by the JDA regarding change in Master Plan-2011 for subject matter from commercial to residential and seven days' time was given for submission of the objections. On 14.12.2006 regularization of the scheme of the Society was approved. The petitioner preferred a reference under the JDA Act on 11.12.2006 on the ground that the agreement was fabricated, notice wa