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Ashok Vardhan vs. State of Rajasthan & Ors.

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Rajasthan Land Revenue (Allotment, Conversion & Regularisation of Agricultural Land for Residential, Commercial & Public Utility Purposes in Urban Areas) Rules, 1985–Rule 5–B was the sole owner of the land after the death of her husband and she executed the power of attorney on 17.03.1989 in pursuance of the agreement to sale dated 09.02.1981–Thereafter, the petitioners got converted the land for residential purpose vide the order dated 14.09.1989 and patta was also issued–After seventeen years of issuance of the patta, alleged adopted son of B challenged the order of conversion and issuance of patta–RAA allowed his appeal and set aside the order of conversion–BOR confirmed the order of RAA–Instant writ petitions–Appeal was filed after the inordinate delay of 17 years–B did not challenge the conversion order during her lifetime–As per record, the possession had already been handed over to the petitioners–Presumption in favour of petitioners on the basis of regd. documents–Even if the agreement of sale was defective, the sale in favour of petitioners shall be held to be valid in lieu of the subsequent independent sustenance of the power of attorney–Impugned orders passed by RAA & BOR deserve to be quashed and set aside.