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PUSHPENDRA SINGH BHATI
Jawahar Lal – Appellant
Versus
Board of Revenue for Rajasthan at Ajmer – Respondent
JUDGMENT :
PUSHPENDRA SINGH BHATI, J.
1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
(a) quash the judgment of the Board of Revenue dated 1-11-1988 (Annexure-5).
(b) dismiss the plaintiff’s application under section 175 of the Rajasthan Tenancy Act with costs through out.
(c) award costs of the writ petition to the petitioner from the non-petitioner No. 4 to 6.
(d) any other appropriate writ, order or direction, which the circumstances of the case may warrant be also passed.”
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner had purchased a land situated in Village Basad, Tehsil Pratapgarh, District Chittorgarh through a registered sale deed dated 27.08.1966 from one Guman S/o Mannaji and Manna S/o Deviji Anjana (since deceased).
2.1. Thereafter, the respondents no. 4, 5 & 6 (since deceased represented through their LRs, herein) had filed an application under Section 175 of the Rajasthan Tenancy
The main legal point established is the rightful ownership of Deity land and the invalidity of mutations in favor of unauthorized parties.
Land recorded as khudkasht land in the name of the Temple belongs to the deity, and the pujari/shebait cannot acquire such land.
Ownership of land recorded under a deity cannot be transferred; any attempts to do so result in void transactions, reaffirming perpetual minor status of deities.
The legal principle established is that tenants cultivating land for a deity do not confer tenancy rights to the deity, and such land becomes Khatedari of the tenant under the Rajasthan Land Reforms ....
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