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2. The case of the petitioner as set up in the memorandum of writ petition is that the petitioner along with his brother Suraj Mal purchased a house situated in Mohalla Hindusingh Kotdi, Sardarpura, Banner for consideration of Rs. 3,00,000/- vide sale deed dated 8-10-1997 from one Shri Bhabhoot Singh s/o Shri Rai Singh and others. Having purchased the said house, the petitioner also took possession of the same. The petitioner thereafter submitted an application to the Municipal Board, Barmer (for short "the Board") for conversion of land use of the land over which this house was constructed from residential to commercial. The Board granted desired permission on 15-1-2002 and accordingly the petitioner started raising construction on the land. When the entire construction was over, the respondent Board gave a notice to the petitioner to deposit the conversion charges. Accordingly, the petitioner deposited such charges under protest in the sum of Rs. 35,580/- on 27th June, 2002. The petitioner has submitted that no prohibition or restraint could be placed on his right to use the free hold land as per conditions of the 'patta' which is age old and was given by the then Jagirdars of Hemeerpura.

7. The petitioner has submitted that when he purchased the property in question, he had carefully examined the terms and conditions of the 'patta'. He thereupon understood the nature of land and found that there was no prohibition or restriction imposed in regard to the change of the land use. Now the newly inserted Section 173-A impinges upon his rights of using this property in the manner he wants and his rights guaranteed under Sections 8 and 55(6)(a) of the Act of 1882 are sought to be taken away. Further more, the petitioner has submitted that levy of conversion charges for change of the land use can at best be called us a fee attracting the principles of quid pro quo. This would immediately give rise to the question as to what services the respondents are offering in lieu of conversion charges, There is not an iota of evidence to show that the respondents are offering any services of discharging any duties in the process of sale/purchase or change of use of the land. In absence of quid pro quo, levy of conversion charge is bad in law and is liable to be struck down.