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PUSHPENDRA SINGH BHATI
L. Rs. of Late Shri Panna – Appellant
Versus
Assistant Settlement Officer, Bhilwara – Respondent
JUDGMENT :
1. The matter pertains to the year 2000, and thus, listed under the category of “Oldest Cases for Early Disposal”.
1. This writ petition under Articles 226 & 227 of the Constitution of India has been preferred claiming the following reliefs:
ii) by an appropriate writ, order or direction the non-petitioners may kindly be directed not to make any change in the revenue records during the pendency of the writ petition;
iii) by an appropriate writ, order or direction grant any other relief, which is considered just and proper in the facts and circumstances of the case.
iv) The costs of this writ petition may kindly be awarded to the petitioner.”
2. Brief facts of the case, as placed before this Court by learned counsel of the petitioners, are that original petitioner-Panna (since deceased represented through his LRs herein) purchased the land bearing khasra nos.349/2, 350/2, 351/2 and 352/2 total 4 bighas and 11 biswas from one C
Land recorded as khudkasht land in the name of the Temple belongs to the deity, and the pujari/shebait cannot acquire such land.
The main legal point established is the rightful ownership of Deity land and the invalidity of mutations in favor of unauthorized parties.
The authority of the Land Record Officer to correct errors in the revenue record during settlement operations and the inability to change the nature of the land through such corrections.
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.
Tenants cultivating land for deities do not acquire Khatedari rights unless they have a direct relationship with the state, as clarified by the Rajasthan Land Reforms & Resumption of Jagir Act, 1952 ....
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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