1 S.B. Civil Writ Petition NO.2390/2003 (Himmat Singh Vs. State & Ors.) Date of order : 22.5.2007 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. J.P. Joshi , for the petitioners. Mr. S.N. Tiwari, Dy. Govt. Advocate. Mr. A.K. Jain, for UIT. By way of filing the present writ petition, the petitioner has prayed for direction to the respondents to consider the application of the petitioner submitted for conversion/allotment of the land in question in terms of Section 90-B of the Rajasthan Land Revenue Act, 1956, inserted vide Amendment Ordinance of 1999 in accordance with law and the conversion/allotment may be made as per the provisions of this Section. It is contended by the learned counsel for the petitioner that in other identical writ petition filed with similar prayer being SB Civil Writ Petition No.2262/2001, this Court has passed an order on 15.2.2007 that “the respondent will consider the application under Section 90 B of the petitioner on merits within one month and until the application under Section 90 B is decided the status quo shall be maintained. If grievance of the petitioner remains after decision of the application under Section 90 B he will have liberty to avail such appropriate remedy 2 in appropriate forum in accordance with law.” It is contended by the learned counsel for the petitioner that the UIT while deciding the applications pending under Section 90-B of the Rajasthan Land Revenue Act, 1956 in pursuance of the aforesaid directions in the above-said writ petition, considered all the pending applications and consequently, the application submitted by the petitioner under Section 90-B of the Rajasthan Land Revenue Act, 1956 was also considered on merit and the said applications were decided in favour of the petitioner vide order dated 12.3.2007 and order dated 21.4.2007 respectively. However, it is submitted that the respondent UIT after passing the order deciding the application submitted by the petitioner under Section 90-B on merit in his favour was further required to comply with the provisions of proviso to sub-section (6) of Section 90-B of the Rajasthan Land Revenue Act, 1956 which in terms means that after the land has been allowed to be surrendered in terms of sub-section (6) of Section 90-B of the Rajasthan Land Revenue Act, 1956 and has been placed at the disposal of the concerned local authority under Section 102-A, the said local authority is required to issue 'patta' in favour of the persons claiming right under Section 90 B of the Act of Rajasthan Land Revenue Act, 1956. According to the learned counsel for the petitioner though the application filed under Section 90-B of the 3 Rajasthan Land Revenue Act, 1956 by the petitioner has been decided in his favour but further action is required to be taken by UIT in terms of proviso to sub-section (6) of Section 90-B of the Rajasthan Land Revenue Act, 1956 but still UIT has not complied with the provisions of proviso to sub-section (6) of Section 90-B of the Act of the Rajasthan Land Revenue Act, 1956. The UIT, Udaipur is under legal obligation to follow Section 90-B of the Act in toto. Learned counsel for UIT submits that some time is required to comply with the provisions of sub- section (6) of Section 90-B of the Rajasthan Land Revenue Act, 1956 after passing orders dated 12.3.2007 and 21.4.2007. In this view of the matter, in my opinion, the prayer made by the petitioner for deciding the application under Section 90-B of the Rajasthan Land Revenue Act, 1956 has already been decided by the UIT, Udaipur. Therefore, obviously when order has been passed by the UIT in favour of the petitioner upon the application filed under Section 90B of the Rajasthan Land Revenue Act, 1956, then, they will certainly be under obligation to comply with the provisions of proviso to sub-section (6) of Section 90-B of the Rajasthan Land Revenue Act, 1956. Accordingly, the writ petition is disposed of 4 with a direction that respondent – UIT, Udaipur shall consider the matter of the petitioner with regard to issuance of 'patta' in the light of provisions of proviso to sub-section (6) of Section 90-B of the Rajasthan Land Revenue Act, 1956 within a period of three months from the date of receipt of certified copy of this order and pass final order in accordance with law. (GOPAL KRISHAN VYAS), J. arun