1988 Supreme(Raj) 461
RAJASTHAN HIGH COURT AT JAIPUR BENCH
G.M.Lodha, P.C.Jain, JJ.
Rajvaidhya Pt. Ram Dayalu Sharma (since deceased represented by L. Rs. Smt. Santosh lata Devi) - Appellant
Versus
Board Of Revenue - Respondent
D.B.C.W.P.No. 2435 of 1974.
Decided On : 26-02-1988
The Jagir Commissioner and the Board of Revenue have no jurisdiction to determine a question of title to land, which has already been decided by a competent court.
Headnote:
RAJASTHAN LAND REFORMS AND RESUMPTION OF JAGIRS ACT, 1952 - SECTION 37 - JAGIR COMMISSIONER AND BOARD OF REVENUE - JURISDICTION - TITLE DISPUTE - PREVIOUSLY DECIDED BY COMPETENT COURT - CANNOT BE RE-ENTERTAINED.
Fact of the Case:
The petitioner, Rajya Vaidhya Pt. Ram Dayalu Sharma, filed a writ petition challenging the judgment of the Board of Revenue for Rajasthan, which allowed the respondents, Pt. Madan Mohan and Pt. Jugal Kishore, to share in the annuity payable in respect of the resumption of certain State Grants attached to religious temples. The petitioner claimed that he was the sole Matmidar (person responsible for the maintenance and worship of the temples) and was entitled to the entire annuity.
Finding of the Court:
The court found that the objections raised by the respondents in respect of the State Grants were already decided by the Revenue Courts of Jaipur and the Board of Revenue in previous proceedings. The court held that the Jagir Commissioner and the Board of Revenue had no jurisdiction to determine the question of title again, in view of the provisions of Section 37 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952.
Issues: 1. Whether the Jagir Commissioner and the Board of Revenue had jurisdiction to determine the question of title to the State Grants, which had already been decided by the Revenue Courts of Jaipur and the Board of Revenue in previous proceedings? 2. Whether the petitioner was entitled to the entire annuity payable in respect of the resumption of the State Grants attached to the religious temples.
Ratio Decidendi: The court held that the Jagir Commissioner and the Board of Revenue had no jurisdiction to determine the question of title to the State Grants, which had already been decided by the Revenue Courts of Jaipur and the Board of Revenue in previous proceedings. The court relied on Section 37 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, which provides that only such questions of title could be entertained for decision regarding the title between the parties as having not been finally decided by the competent court.
Final Decision: The court allowed the writ petition, quashed the impugned orders of the Board of Revenue and the Jagir Commissioner, and directed that the annuity in respect of the State Grants be paid exclusively to the petitioner.
JUDGMENT
1. - By this writ petition, petitioner Rajya Vaidhya Pt. Ram Dayalu Sharma (since deceased & is being represented by his legal representa-tives) had prayed for issuance of a writ, order or direction for quashing the judgment of the Board of Revenue for Rajasthan dated 12th December, 1973 and further prayed that the petitioner be allowed the annuity in respect of the State grants villages (1) Sarha Doongar, (2) Chak Sarna Doongar, (3) Basdi, (4) Chak Basdi, (5) Land in village Bhudarpura and villages Jairampura and Mundia, instead of the legal representatives of late Pt. Madan Mohan and late Pt. Jugal Kishore, as directed in the judgment of the Jagir Commissioner, dated 29th November, 1968 and the Board of Revenue for Rajasthan, dated 6th December, 1972.
2. Briefly stated the facts of the case are that there is a temple of Thakurji Shri Sire Behariji at Ramganj Bazar, Jaipur; for the up-keep and maintenance of Sevapooja and Bhograj thereof, the following villages were granted by the erst-while State of Jaipur:- | S. No. | Name of villages | Tehsil & District | Land Revenue |
| 1 | Sarna Dungar | Jaipur | Rs. 1,99675 |
| 2 | Chak Sarna Dungar | Jaipur | Rs. 520.33 |
| 3 | Basdi | Jaipur | Rs. 148.06 |
| 4 | Chak Basdi | Jaipur | Rs. 1,175,49 |
| 5 | Land in village Bhudarpura | Jaipur | Rs. 9.26 |
3. It is further stated by the petitioner that he alone was recognised by the State in accordance with law, with the duty of maintenance, worship and performance of Seva-Pooja and Bhograj of Thakurji Shri Sire Behariji vide Matmi Order dated 20th April, 1955, under the Jaipar Matmi Rules, 1945. It is further stated that there are other temples, viz., (1) Thakurji Shri Vijai Govindji at Ramganj Bazar Jaipur; (2) Thakurji Shri Laxmi Narainji; (3) Thakurji Shri Mahadevji at Jairampura; (4) Thakurji Shri Radha Damodarji at Mundia and (5) Thakurji Shri Govind Deviji at Govindpura and these temples are the private temples of the parties. It is further the case of the petitioner that the State of Jaipur also granted (a) for Thakurji Shri Vijai Govindji, Ramganj Bazar, Jaipur, one village Hariballabhpura in Tehsil Chaksu, District Jaipur; (b) for Thakurji Shri Radha Damodarji at Mundia land in village Mundia with the land revenue of Rs. 87.19; and (c) for temples of Shri Laxmi Narainji and Shri Mahadevji at village Jairampura, land in village Jairampura having land revenue of Rs. 104.14 and for all these State grants also the petitioner was recognised as the persou responsible for the Seva-Pooja and Bhograj of the said deities vide the said Matmi Order dated 20th April, 1955 under the Jaipur Matmi Rules, 1945. The petitioner has also averred in the writ petition that for the Seva-Pooja and Bhograj of the temples of Thakurji Shri Vijai Govindji at Ramganj Bazar, Jaipur and Thakurji Shri Govind Devji at Govindpura various Thikacedars (Jagirdars) had also granted certain lands of varying values. After resumption of the State Grants attached to the religious institutions and temples in Rajasthan on and from 1st August, 1960, the petitioner being the Matmidar, instead of filing separate claims.in respect of each temple, filed a consolidated claim in respect of all the aforesaid temples. On his filing the claim, objections were filed on or about 21st October, 1961, on behalf of Vaidhya Madan Mohanji and Vaidhya Jugal Kishoreji the predecessors respectively of respondents No. 4 and of respon-dents Nos. 6 to 9 respectively. In the objections they also alleged that they were performing Bhograj and Seva-Pooja of the temple of Thakuiji Shri Vijai Govindji situated at Ramganj Bazar, Jaipur and, therefore, they were entitled to compensation to the extent of their share, i.e., ⅔rd in the aforesaid temple of Thakurji Shri Vijai Govindji in the villages and lands, the description of which is as follows:- | S. No. | Name of village | Tehsil | Area | Rent | Remarks |
| 1 | Hariballabhpura | | | | |
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