M.B. SHARMA, J.—The petitioner has challenged the notification dated 7th December, 1982 which was issued under Sub-section (1) of Section 4 of the Rajasthan Land Acquisition Act, 1953 (hereinafter referred to as (the Act). He has also challenged the notification dt. January 29, 1985 issued under Sub-section (4) of Section 17 of the Act under which in exercise of the powers under Sub-section (4) of Section 17, the provisions of Section 5-A of the Act have been dispensed with. Under notification dated June 29, 1985 it has also been ordered that the Land Acquisition officer shall take possession of the Land under Sub-section (1) of Section 9 after the expiry of the 15 days of the publishing of notice.

2. In the writ petition the main challenge is confined to a portion of Khasra No. 1937 measuring 14 Bighas and 17 Biswas in Chomu, Jaipur. The case of the petitioner is that he had purchased the plot of land measuring 3600 Sq. feet and forming part of the land of Khasra No. 1937 situated in Chomu from Shri Banwarilal son of Shri Jhabarmal for a sum of Rs. 6,000/- in the year 1980. The sale deed to the above effect was executed on January 24, 1980 and registered with the Sub-registrar on the same date. Thereafter, he raised constructions over the aforesaid plot in the year 1980 and invested Rs. 90,000/-in raising the aforesaid constructions. In the year 1982. the petitioner also deposited conversion charges for the aforesaid plot for getting the same legally converted for being used for residential purposes and a sum of Rs. 2016/- was deposited.

3. The challenge to the notification is that the petitioner is a person interested within the meaning of Section 4 (g) (i) of the Act.

4. In my opinion, it is discretionary with the Court to invoke its jurisdiction under Article 226 of the Constitution. Before the Court can be asked to invoke the jurisdiction, the person must come with clean hands The relief under Article 226 of the Constitution of India is an equitable relief. As per the averments contained in the writ petition, Khasra No. 1937 measures 17 Bighas and 14 Biswas and the petitioner only purchased 3600 Sq. feet i.e. only a portion of the land. Under Section 42 of the Rajasthan Tenancy Act, 1955 (for short the Tenancy Act) the sale, gift or bequest by a Khatedar tenant of his interest in the whole or part of his holding shall be void, if it is not of a survey number except when the area of the survey number so sold, gifted or be quested is in excess of the minimum area prescribed for the purpose of subsection (1) of Section 53 in which case also the area not transferred shall not be a fragment. The case of the petitioner does not fall under any of the proviso to Section 42 (a) of the Tenancy Act. Thus, the sale of 3600 Sq. feet agricultural land of Khasra No. 1937 measuring 17 Bighas and 14 Biswas is in contravention of Section 42 (a) of the Tenancy Act and as such is void, It is a case where no right or title or interest in the land vests in the petitioner. Not only this as per the averments of the writ petition itself after the void transfer as aforesaid of the portion of the land in favour of the petitioner, the petitioner without seeking permission under the provisions of the Land Revenue Act, 1956 (For short the L.R. Act), without seeking permission of the Gram Panchayat or the notified area committee is said to have raised construction of the shops. As appears from (Annex.2) the photos filed by the petitioner himself. Thus, he has used the agricultural land for non-agricultural purpose. Under Section 90-A of the L.R. Act, no person holding any land for 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 laid down there in and otherwise than in accordance with the terms and conditions of such permission. Sub-sec

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