PUSHPENDRA SINGH BHATI
Deity Shri Pabuji Maharaj – Appellant
Versus
Board of Revenue, Ajmer, Through Its Registrar – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
The land in question was initially recorded as a khudkasht (self-cultivated) land of the deity Shri Pabuji Maharaj, and the management was carried out by the priest Pema Ram. After his death, the land was entered in the names of his legal heirs, the private respondents (!) (!) .
Circulars issued by the government in the early 1990s directed that the names of priests or pujaris should not be recorded in revenue records concerning temple lands, and that such entries should be deleted. Subsequent circulars clarified that the name of the deity should be maintained in the records (!) (!) (!) .
The private respondents filed an application under relevant land revenue law to correct the entries in the revenue records, which was initially dismissed but later allowed by the authorities, leading to their names being entered as khatedars (tenants) and cultivators of the land (!) (!) .
The petitioners, representing the deity Shri Pabuji Maharaj, argued that the land was recorded in the name of the deity and that the private respondents, being legal heirs of the priest, could not claim rights over the land. They also contended that the proceedings were initiated without impleading the deity as a party and that the circulars relied upon cannot be applied retrospectively (!) (!) (!) (!) .
The petitioners further argued that the land was a temple property, managed as a perpetual minor (a juristic person), and thus protected from claims by private persons. They emphasized that the land was recorded as temple land at the time of settlement and that the claim of the private respondents is barred by law due to the long-standing recording and the applicable legal principles concerning temple and deity properties (!) (!) (!) (!) (!) (!) .
The court observed that the authorities below erred in passing their orders without considering the legal provisions and precedents, especially the law that temple lands recorded as khudkasht for the deity cannot be altered without proper legal process and parties (!) (!) (!) .
The court also highlighted that circulars issued by the government, which are contrary to the law laid down, cannot be relied upon to change the legal status of temple lands (!) (!) .
Ultimately, the court allowed the petitions, quashed the impugned orders, and directed the authorities to restore the original entries in favor of the deity Shri Pabuji Maharaj, reaffirming that the land belongs to the temple and that the private respondents' claims are not sustainable under the law (!) (!) .
The court emphasized that any circulars or orders contrary to the legal principles established in the judgment would not be valid and must be disregarded (!) .
These points encapsulate the core legal considerations, procedural issues, and the court's conclusions regarding the rights over the temple land, the effect of government circulars, and the importance of proper legal procedure in such matters.
JUDGMENT :
1. Since all the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No.3589/2023, while treating the same as a lead case.
2. The prayer clauses read as under :
- That by an appropriate writ, order and direction the order dated 01.02.2023 (Annexure-36) passed by the Learned Board of Revenue, Ajmer in appeal no.7169/2017 titled as State of Rajasthan through Tehsildar v. Girdhari Singh, and order dated 23.04.2014 passed by Sub-Division Officer, Jodhpur in application No.82/2013 (Annexure-16) titled as “Girdhari Singh v. State of Rajasthan” as also the order dated 15.03.2017 (Annexure-17) passed by Divisional Commissioner, Jodhpur in appeal No.18/2015 “State of Rajasthan v. Girdhari Singh”, may kindly be quashed and set aside and the application under Section 136 of the Land Revenue Act may kindly be dismissed.
- By an appropriate order or direction may kindly be issued and responden
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