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VINIT KUMAR MATHUR
Bharat Pariyani – Appellant
Versus
State of Rajasthan, Through Secretary – Respondent
ORDER
1. Heard learned counsel for the parties.
2. The present writ petition has been filed with a prayer that the orders passed by the Competent Authorities dated 18.11.1996 (Annexure-6), 23.12.1997 (Annexure-7) and communication dated 20.12.2000 may be directed to be complied with and regularize the land of the petitioner in conformity with the order passed.
3. Brief facts of the case are that the petitioner’s father was a freedom fighter and a landless labour. The father of the petitioner was in possession of 2 Bighas 19 Biswas of land, which was developed and improved for agricultural purposes. The possession of the land was taken by the father of the petitioner in Samwat 2022 and in revenue record, it was recorded as Najayaj Kabja. The petitioner remained in continuous possession of the land after the death of his father and still holding the possession till date. In the year 1968, the proceedings under Section 91 of the Land Revenue Act were undertaken but the proceedings were dropped and ultimately the possession of the petitioner and his father was not disturbed. The petitioner continued with the possession of the land and filed a petition for regularization of the same in the
The main legal point established is that the Competent Authorities' orders for regularization must be complied with, and if the land cannot be regularized, a detailed reasoned order must be provided.....
The court emphasized the importance of following proper procedure and eligibility criteria in the regularization process under the Rajasthan Municipalities Act, 1959.
The court affirmed that unauthorized occupation regularization requires compliance with ownership limits, and remanded for inquiry into the applicant's land holdings.
Transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed).
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