This is an appeal against the order dated 19.3.1964 of the Revenue Appellate Authority, Bikaner.

The facts in brief are that the Keshoram, respondent here, applied on 19.6.1962 to the Collector, Ganganagar that Jai Maha Laxmi Cotton Ginning and Pressing Factory and Dharam Veer Jagdish Chandra, proprietors, Burmah Shell Petrol Pump, appellants here, had illegally converted agricultural lands in Murabbas Nos. 57 and 47 (situated in Chak 13 Tehsil Karanpur) to non-agricultural uses. This, it was stated, was in contravention of sec. 90-A of Rajasthan Land Revenue Act and so the factory and houses and petrol pump built on these Murabbas should be removed. A show cause notice was issued against the firms but after hearing the parties the Collector rejected the application on 20.7.1963.

Keshoram went in appeal to the Revenue Appellate Authority, Bikaner and succeeded. It was ordered by the Appellate Court that the firms were trespassers within the meaning of sec. 90(A) Rajasthan Land Revenue Act and are liable to be ejected in accordance with sec. 91. It was also directed that the land shall be treated as if it were in danger of being wasted, damaged or alienated as provided under see. 212 of the Rajasthan Tenancy Act.

The firm have come in appeal against this order.

We have heard the advocates for the parties as also the Government advocate and have perused the record.

The first plea of the appellants advocate was that Keshoram had no locus standi to appeal to the Revenue Appellate Authority against the order of the Collector, Ganganagar as he was only an informer. This point, however was not pressed.

The second ground was that sec. 90(A) Rajasthan Land Revenue Act had come into force from 27.12.1958 while the land in question had been converted to non-agricultural uses in 1957. The operation of sec. 90(A) Rajasthan Land Revenue Act was not retrospective but prospective and so it could not govern the instant case. Rulings were cited.

The advocate for the respondent replied that sec. 90(A) was really meant to be retrospective. Agricultural lands should not have been converted to non-agricultural uses without permission, so to convert them is a detrimental act. The judgment of the Revenue Appellate Authority should be upheld. Certain rulings were given.

Sec. 90(A) of Rajasthan Land Revenue Act reads as below:—

(1) "No person holding any land for the purpose of agriculture and no transferee of such land or any part thereof shall use the same or any part thereof, by the construction of buildings thereon or otherwise, for any other purpose except with the written permission of the State Government obtained in the manner hereinafter laid down and otherwise than in accordance with the terms and conditions of such permission.

(2) Any such person desiring to use such land or any part thereof for any purpose other than that of agricultural shall apply for the requisite permission in the prescribed manner and to the prescribed officer or authority and every such application shall contain the prescribed particulars.

(3) The State Government shall, after making or causing to be made due inquiry in the prescribed manner, either refuse the permission applied for or grant the same subject to the prescribed terms and conditions.

(4) When any such land or part thereof is permitted to be used for any purpose other than that of agriculture, the person to whom such permission is granted shall be liable to pay to the State Government in respect thereof.

(a) an urban assessment levied at such rate and in accordance with such manner as may be laid down in rules to be made in this behalf by the State Government; or

(b) such amount by way of premium as may be prescribed by the State Government, or

(c) both,

(5) If any such land is so used —

(a) without the written permission of the State Govt. being first obtained, or

(b) otherwise than in accordance with the terms and conditions of such permission, or

(c) after such permission having been refused under sub-sec. (3), or

(d) wit

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