The central legal point established in the judgment is the importance of adhering to the provisions of the Land Revenue Act and the Rajasthan Tenancy Act in land conversion matters.

JUDGMENT

Pushpendra Singh Bhati, J. - In the wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. The petitioner has preferred this petition with the following prayers:

"It is, therefore, most humbly and respectfully prayed that the writ petition of the petitioner may kindly be allowed and:-

(i) by an appropriate writ, order or direction the impugned order dated 24.09.2012 (Annexure-1) passed by District Collector, Udaipur cancelling the patta issued in favour of petitioner be quashed.

(ii) by an appropriate writ, order or direction the order dated 23.09.2013 (Annexure-12) in review application be quashed."

3. Learned counsel for the petitioner submits that certain appeals under Section 75 of the Rajasthan Land Revenue Act, 1956 were filed before the learned Revenue Appellate Authority, Udaipur against the order dated 23.10.2006 passed by the District Collector, Udaipur, whereby certain 'charaga' lands of the Gram Panchayat, Jetpura, Tehsil Valabh Nagar, District Udaipur, were converted into residential plots, beyond the sanctioned limit and without hearing, and allotted to the Nagar Palika, Bhinder.

4. Learned counsel for the petitioner further submits that the learned R.A.A., vide order dated 12.03.2008, recorded the findings, that the right over 'charaga land' is that of the Gram Sabha, and any such allotment made would have to be made only with the agreement of the concerned Gram Sabha, and that the Patwari Report clearly stated that the concerned Gram Sabha was not consulted or heard before making such allotment, and that the land much beyond the sanctioned limit was converted.

5. Learned counsel for the petitioner further submits that the learned R.A.A. partially upheld the said order of the concerned District Collector, to the extent of sanctioned conversion of land, and with regard to the unsanctioned lands for which permission was not acquired, remanded the matter back to the concerned District Collector with the direction to provide an opportunity of hearing to the concerned Gram Panchayat and pass fresh orders.

6. On the other hand, learned counsel for the respondents submits that the petitioner's claims are not sustainable in the eye of law as the claims made are pertaining to 'charaga' lands which were incorrectly mutated in the land revenue records. and that, the provision of law laid down in Section 92 of the Land Revenue Act, 1956 categorically debars the use of such lands for any other purpose other than as pasture lands, and that the same is laid down under Section 16 of the Rajasthan Tenancy Act, 1955 wherein no khaatedari right shall accrue in relation to pasture land. Furthermore, Rule 7 (1) of the Rajasthan Tenancy (Government) Rules, 1955 provides as under:

"7. Allotment or setting apart of pasture land.-

(1) The Collector may, in consultation with the Panchayat, change the classification of any pasture land, as defined in sub-section (28) of Section 5 of the Act or any pasture land set-apart under Section 92 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956), as unoccupied culturable Government land (Sawai Chak), for allotment for agricultural or any non-agricultural purposes:

Provided that in case where the area of the land sought to be so allotted or set apart exceeds 4 hectares, the Collector shall obtain prior permission of the State Government:

Provided further that the classification of pasture land shall not be changed as unoccupied culturable government land (Sawai Chak) for mining purposes without the prior permission of the State Government. The permission by the State Government shall be granted only if applicant has surrendered equal area of khatedari land in favour of the State Government in the same village or nearby village within the same Panchayat, if applicant is not able to surrender khatedari land in the same village or nearby vi