Honble Mathur, J.–We have heard Mr. C.L. Jain, learned counsel for the State and Mr. M.S. Singhvi, learned counsel for the respondent.

(2). At the outset, it may be pointed out that appeal is barred by limitation of 480 days. The application under Section 5 of the Limitation Act has been filed supported by the affidavit of Shri Govind Singh Deora, Tehsildar, Pindwara. It is averred that copy of the order dated 17.9.1999 was received in his office on 25.10.1999 from the counsel appearing for the State and the same was sent to the Collector, Sirohi on 6.11.1999 who in turn after examining the case ordered for filing the appeal on 21.2.2000. Thereafter, the panel lawyer was contacted. For certain reasons, the case was thereafter entrusted to Shri C.L. Jain, Panel Lawyer who presented the appeal on 17.2.2001. No satisfactory explanation has been given as to why the papers were retained by the Collector for a period of 6.11.1999 to 21.2.2000 i.e., for more than 3 & 1/2 months. Papers were entrusted to the counsel on 2.6.2000 but the appeal was filed as late as on 17.2.2001. There is no explanation for retaining the papers with the counsel for more than eight months.

(3). We have also examined the merits of the case. The respondent-Indian Oil Corporation Limited set up an ambitious pipe line project from Sayala-Mathura for Transportation of oil. This pipe line passes through the States of M.P., Rajasthan and Gujarat. The subject land measuring 1 bighas and 8 biswas was purchased by the corporation as back as in the year 1980-81 from the private land owners for a total sum of Rs. 1,250/- as per the market rate prevailing at that time. It is averred that land in question is wholly undeveloped and is in jungle which is three kilometers away from Pindwara (District Sirohi).

However, an objection was raised by the Tehsildar, Pindwara that since the land in question was purchased from a person belonging to SC/ST caste, there was a violation of Sections 42 & 53 of the Rajasthan Tenancy Act and as such the land could not be soldto any other person except to the person of the same caste. However, as the land was urgently required for Miscrowave Repeater Station, the corporation agreed to surrender the said land to the Government on the condition that same would be reallotted to it on reasonable price. However, the State Government fixed the price of the subject land at the rate applicable to the residential land i.e. at Rs. 40/- per Sq. Ft. and accordingly, the State Government raised a demand of Rs. 15,24,600.80. This was protested by the corporation. It appears that there has been some correspondence between the corporation and the State Government which led the State Government to take decision to reduce the price of the land from Rs. 40/- per Sq. Ft. to Rs. 20/- per Sq. Ft. Thus, the demand was raised for a sum of Rs. 7,62,300/-. The corporation challenged the said decision of the State Government by way of writ petition before this Court. The learned Single Judge directed the Deputy Secretary Revenue (Gr. IV), Jaipur to decide the matter afresh in the light of the letter dated 6.7.1989 by which certain stipulations were made by the State Government. For the convenience, the aforesaid letter 6.7.1989 is extracted as follows:-

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dzekad i- 12¼B½¼48½ jkt- ¼86½ 3392 fnukad 6-7-1989

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fo"k; % ekbZdzksoso fjiksVZj LVsku fi.MokM+k ftyk fljksgh gsrq vkcknh Hkwfe dh dher olwyhA

izlax % vkidk i= dzekad 4¼38½ jkt- ¼4½ 8 fnukad 22-5-1988-

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1- Hkwfe dh fdLe ojlkyh izFkeA

2- Hkwfe vkcknh oxhZd`r ugha gSA

3- ;g Hkwfe uxjh vkcknh {ks= ds vFkok bldh ,d fdyksehVj dh ifjf/k esa ugha vkrh gSA

4- ;g Hkwfe xzkeh.k {ks= dh vkcknh Hkwfe ugha gSA

5- ;g Hkwfe jktdh; d`f"k] xSj eqefdu flok;pd vkfn Js.kh dh ugha gSA

6- ekbZdzksoso fjiksVZj LVsku dh LFkkiuk o"kZ 1981 es dh xbZ FkhA

7- LFkkiuk ds l

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