Disposed

Madan Lal Khatik v. State of Rajasthan

Rajasthan HC23 Jan 2023CW/12622/2022

Case brief

AI extract

What is this about?

In this writ petition challenging the rejection of an application to convert agriculture land to commercial land, the High Court of Rajasthan directed the petitioner to submit documents proving the existence of an approach road before the respondent authorities, halting the disposal of the petition.

What did the court decide?

Direction to place relevant document of having an approach road (way) before the District Collector; subsequent consideration of conversion application.

Madan Lal Khatik Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 12622/2022

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Madan Lal Khatik S/o Shri Bhanwer Lal Ji, Aged About 56 Years, R/w House No. 92 Ganga Bhawan Janta Magh Udaipur

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----Petitioner

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Versus

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State of Rajasthan, Through Distt. Collector Bhilwara. 2. The Tehsildar, Bhilwara.

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The Sub Divisional Officer, Bhilwara.

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----Respondents

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For Petitioner(s)	: Mr. Bhanu PratapMathur
For Respondent(s)	: Mr. R. D. Bhadu

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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23/01/2023

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Heard learned counsel for the parties.

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The present writ petition has been filed against the orders dated 20.12.2021 (Annex.5) passed by the Sub Divisional Officer, Bhilwara and 04.01.2022 (Annex.6) passed by the District Collector, Bhilwara, whereby the application preferred by the petitioner for conversion of his agriculture land into commercial land has been rejected. Learned counsel for the petitioner submits that the petitioner is having an agriculture land situated in Khasra No.494, 495, 496, 497 & 498 in Village Mujras, District Bhilwara. For the purpose of converting the said lands from agriculture to commercial, the petitioner preferred an application before the respondents vide Annexure-2. The application so preferred by the petitioner was got examined and a report was received from the concerned Tehsildar.

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(2 of 3)

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[CW-12622/2022]

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In the report, it was mentioned that there is no approach road (way) for reaching to the land of the petitioner, therefore, the land cannot be converted from agriculture to commercial.

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Learned counsel for the petitioner further submits that there is already a way in existence for going to the agriculture field of the petitioner and therefore, the objection raised by the respondents is absolutely frivolous and therefore, the denial of the conversion of the land from agriculture to commercial is arbitrary and illegal. He, therefore, prays that the writ petition may be allowed and the respondents may be directed to allow the application of the petitioner for converting the land from agriculture to commercial.

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Per contra, learned counsel for the respondents vehemently submits that there is a patch of land before the land of the petitioner, which is a forest land and there is no existing way for reaching or approaching the lands of the petitioner. He, therefore, submits that unless the petitioner satisfies the respondent authorities that there is an approach road (way) in existence, the application for conversion of the petitioner’s land cannot be allowed. He, therefore, prays that the writ petition may be dismissed.

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I have considered the submissions made at the Bar and have gone through the relevant record of the case.

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The only objection raised by the respondent authorities for not converting the petitioner’s land from agriculture to commercial is that there is no approach road (way) for going to the land of the petitioner and therefore, the application is rejected.

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Learned counsel for the petitioner’s insistence that there is already an approach road (way) in existence, is not borne out

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(3 of 3) [CW-12622/2022]

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from the documents placed before this Court. Therefore, the writ petition is disposed of with a direction to the petitioner to place the relevant document of having an approach road (way) to the fields of the petitioner before the respondent- District Collector, Bhilwara and in the event such document is placed, the application of the petitioner will be considered for conversion of the land from agriculture to commercial in accordance with law.

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(VINIT KUMAR MATHUR),J

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76-Shahenshah/-

Madan Lal Khatik v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Madan Lal Khatik v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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