The Topkhana Desh Grah Nirman Sahkari ... vs The State Of Rajasthan And Ors. on 31 January, 1996
9. The Court also observed that the land was shown in the revenue record as agricultural land and the transfer of the agricultural land for building purpose was contrary to the provisions of Section 42(a) of the Rajasthan Tenancy Act as also the provisions of Section 90-A of the Land Revenue Act. In accordance with the povisions of Section 90-A(2), any person desiring to use the agricultural land or any part thereof for any purpose other than agriculture shall apply for the requisite permission in the prescribed manner and to the prescribed officer and every such application shall contain the prescribed particular. The decision given in the case of Banwari Lal v. State of Rajasthan and Anr. 1986(2) WLN 648 was also relied wherein the court examined the question as to whether a transferee of agricultural land for non-agricultural purposes i.e. for building purposes has any locus standi to file the writ petition and this court said that the transferor and transferee both are trespassers. The provisions of Section 5(44) of the Tenancy Act were also discussed in the said judgment and it was observed that where a person takes or retains possession of land without authority or who prevents another person from occupying land duly let out to him is included within the expression 'trespasser'.