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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
AVNEESH JHINGAN, J
Bhairav Grih Nirman Sahakari Samiti Ltd – Appellant
Versus
Ghashi Son Of Jagannath – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing orders (Para 1 , 2) |
| 2. petitioner argues for conversion (Para 3 , 4) |
| 3. court discusses section 90-a (Para 5 , 6 , 7 , 8) |
| 4. court rules on unregistered agreements (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 5. writ petition dismissed (Para 16 , 17) |
Order :
1. This petition is filed seeking quashing of orders dated 17.10.2017, 16.05.2024 and 07.11.2024 allowing the application of M/s Pearl Spytech Realtors LLP and Arvind Singh (hereinafter referred to as 'respondent Nos.19 and 20'), for conversion of the land use and dismissing the appeal & revision filed by the petitioner respectively.
2. The facts are that the petitioner is a society registered with the Registrar, Cooperative Societies. The petitioner for developing a residential scheme, entered into the agreements to sell dated 19.08.1998 with Pushpa Devi W/o Arjun Singh and Ghasi S/o Jagannath for purchasing their shares in the property mentioned in the agreements to sell. The supplementary agreements to sell dated 15.09.2003 and 24.01.2004 were executed by Ghasi and legal representatives of Pushpa Devi. Petitioner on 12.01.2003 under Section 90-A of the Rajasthan Land Revenue Act, 1956 (hereaf
Unregistered agreements to sell do not create vested rights for land conversion under the Rajasthan Land Revenue Act, 1956.
existence of an alternative remedy whether adequate or not, does not alter the fundamentally discretionary nature of the High Court’s writ jurisdiction and, therefore, does not create an absolute bar....
The central legal point established in the judgment is the applicability of the Conversion Rules, 2019 to lands acquired and allotted under the Land Acquisition Act, 1894, and the authority of the St....
The admissibility of an unregistered sale agreement under Section 90-B of the Rajasthan Land Revenue Act, 1956, and the sufficiency of public notices with wide circulation.
Point of law : in case of a diverted land, the requirement of obtaining the permission under Section 4(2) of the Act does not arise as the permission has to be obtained only in respect of 'granted la....
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