ORDER :

1. The case is listed in the ‘Orders’ category, however, with the consent of the learned counsel for the parties, the matter is being heard and decided finally today itself.

2. The present writ petition has been filed for quashing the order dated 06.03.2003 (Annex. R/2) passed by the Secretary to the Government of Rajasthan (respondent No.2) and its consequential order dated 31.03.2003 (Annex.10) passed by the District Collector, Pali.

3. Brief facts of the present writ petition are that there is a temple popularly known as Mandir Shri Mahadev Ji Somnath Ji at Pali. The lands in Khasra Nos. 1035, 1036, 1037, 1040 and 1041 were recorded in the name of Deity Somnathji as Dolidar. The land was recorded in the name of Deity Somnathji and being a Maufidar was entitled to collect the land revenue from the tenant and the same was not required to be paid to the Government. At the time of jagir resumption, Khasra Nos. 1035, 1036, 1037, 1040 and 1041 were shown under the cultivation of Kunna s/o Heera and Urja s/o Moti Keer. They were shown as tenants. The State Government on 24.04.1982 (Annex.3) passed an order in relation to some of the unauthorized sales made by the Pujaris in the State of Rajasthan and directed that if they deposit a fixed amount, they may be granted khatedari rights. The petitioners’ land was also brought into the ambit of order dated 24.04.1982.

4. While this dispute was going on, a reference No. 102/1998 dated 26.03.1996 was made by the Collector, Pali under Section 82 of the Rajasthan Land Revenue Act for canceling the mutation entries Nos. 998 and 1000. These mutation entries included the lands belonging to the petitioners also. The Board of Revenue vide order dated 03.12.1999 dismissed the reference No. 102/1998 made by the Collector, Pali and it was held by the Board that since at the time of resumption of jagir, the land of Khasra Nos. 1035, 1036, 1037, 1040 and 1041 were recorded in the khatedari of Kunna s/o Heera and Urja s/o Moti Keer and, therefore, they were khatedars.

5. The order dated 03.12.1999 passed by the Board of Revenue was again challenged by the State of Rajasthan by way of filing a writ petition bearing S.B. Civil Writ Petition No. 387/2002. The said writ petition was dismissed by the learned Single Bench of this Court on 20.04.2004. The order of the Single Bench was assailed before the Division Bench of this Court through D.B. Spl. Appl. Writ No. 444/2004 but the same too was dismissed vide judgment dated 23.02.2018.

6. During the pendency of the writ petition bearing S.B. Civil Writ Petition No. 387/2002, an order was passed by the Secretary to the Government of Rajasthan (respondent No. 2) on 06.03.2003 holding that the petitioners were not the khatedars of the land as the land stood mutated in the name of Deity. In pursuance of the order passed by the State Government on 06.03.2003, the Collector, Pali passed an order dated 31.03.2003 declaring the earlier orders extending khatedari rights in favour of the petitioners to be illegal and directed to transfer the lands in the name of Deity. In these circumstances, the present writ petition has been filed.

7. Learned Senior Counsel for the petitioners submits that on the reference made by the Collector, Pali, learned Board of Revenue held that since at the time of jagir resumption, the lands were cultivated by Kunna and Urja, they were the khatedar tenants and thus, the lands should be mutated in the name of Kunna and Urja and the same cannot be mutated in the name of Deity. He further submits that the findings recorded by the Board of Revenue were confirmed by the Single Bench as well as by the Division Bench of this Court. The order passed by the respondents for treating the lands belonging to the petitioners in the name of Deity is unjust, illegal and unreasonable. He, therefore, prays that the writ petition may kindly be allowed and the orders dated 06.03.2003 and 31.03.2003 passed by the respondent qua the petitioners may be qu