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2023 Supreme(Raj) 1103

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Joga Ram - Petitioner
Versus
The Board Of Revenue for Rajasthan at Ajmer & Ors. - Respondents
S.B. Civil Writ Petition No. 826 Of 2002
Decided On : 01-11-2023

Advocates Appeared:
For the Petitioner: Mr. Shailendra Gwala.
For the Respondents: Mr. L.K. Purohit.

Headnote:

Land Dispute - Rajasthan Land Revenue Act, 1956 - Section 75, Section 76, Section 86 - The court discussed the impugned orders dated 30.11.1987, 24.06.1993, 26.11.1998, and 04.12.2001 passed by the S.D.O. Bali, Revenue Appellate Authority (Second), Jodhpur, and Board of Revenue respectively. The court also referred to the judgments in the cases of Tara & Ors. and Bhanwar Lal @ Bhanwar Das Vs State of Rajasthan & Anr. to interpret the legal provisions and their implications on the present case. The court observed that the land in question was recorded as a khudkasht land in the name of the Doli Shri Pabuji Maharaj at the time of settlement and the Pujari/ Shebait cannot acquire and get such land(s) registered in his name. The court also cited Section 46 of the Act, 1955, and Section 6 of the Limitation Act, 1963 to support its decision.

Fact of the Case:

The petitioner claimed half share in a land, which was originally recorded in the name of a Deity. The impugned orders canceled the mutation entry in favor of the petitioner and directed a fresh entry in favor of the Deity. The petitioner challenged these orders citing lack of opportunity of hearing and previous judgment and decree in their favor.

Finding of the Court:

The court found that the land in question was originally recorded as a khudkasht land in the name of the Deity and the Pujari/ Shebait cannot acquire and get such land(s) registered in his name. The court also observed that the private respondents' claim did not hold good as per precedent law.

Issues: The issues revolved around the cancellation of mutation entry in favor of the petitioner and the subsequent entry in favor of the Deity, the rights of the petitioner as a khatedar, and the legality of the impugned orders.

Ratio Decidendi: The court relied on the interpretation of legal provisions and precedent law to establish that the land in question belonged to the Deity and the impugned orders were justified in law.

Final Decision: The court dismissed the petition and all pending applications, finding no ambiguity or legal infirmity in the concurrent findings recorded in the well-reasoned speaking orders passed by the learned revenue courts below.

ORDER :

1. The matter pertains to the year 2002, thus, was listed under the category “Oldest Cases for Early Disposal”.

2. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

    “It is, therefore, most respectfully prayed that this writ petition may kindly be allowed and the impugned orders dated 30.11.1987 (2.12.1987) (Annexure-7), 24.6.1993 (Annexure-8), 26.11.1998 (Annexure-9) and 4.12.2001 (Annexure-11) passed by the S.D.O. Bali, Revenue Appellate Authority (Second), Jodhpur and Board of Revenue respectively may kindly be quashed and set aside.

Costs throughout may kindly be awarded to the petitioner.

Any other appropriate order or direction which this Hon’ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”

3. Brief facts of the case, as placed before this Court, by learned counsel of the petitioner are that in a land bearing khasra numbers 2255, 2256, 2259 and 2260 (old khasra nos.472 & 473) situated in Narlai, Tehsil Desuri, District Pali, the petitioner was having half share. At the time of first settlement, name of the petitioner’s father was recorded as one of the khatedars of the land in question.

3.1. Thereafter, Deity Doli Banam Charbhuja Ji Temple through its Pujari filed an application against the petitioner, which was dismissed by the learned Assistant Land Revenue Officer, Jodhpur vide order dated 18.01.1987; aggrieved whereby, the Deity filed an appeal before the learned Additional Land Revenue Officer, Jodhpur, which was allowed vide order dated 08.07.1987, and while quashing and setting aside the aforesaid order dated 18.01.1987, the matter was remanded back to the learned Assistant Land Revenue Officer, to decide the matter afresh after given opportunity of hearing to the concerned parties, on the following issues :

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Thereafter, as per the settlement, the Deity was recorded as owner of the land in question.

3.2. Subsequently, the learned Sub-Divisional Officer (SDO), Bali initiated the proceeding and passed the impugned order dated 30.11.1987, whereby the Tehsildar, Desuri was directed to cancel the mutation entry made in favour of the petitioner and the private respondent(s), and a fresh entry in relation to the land in question was ordered to be made in the name of the Deity. Against the said impugned order, the petitioner filed an appeal under Section 75 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as ‘Act of 1956’) before the learned Revenue Appellate Authority (RAA) (Second), Jodhpur, which was partly allowed vide the impugned order dated 24.06.1993.

3.3. Being aggrieved by the impugned order dated 24.06.1993, the petitioner preferred second appeal under Section 76 of the Act of 1956 before the learned Board of Revenue (BoR) for Rajasthan at Ajmer, which was dismissed vide the impugned order dated 26.11.1998. Thereafter, the petitioner preferred a review petition under Section 86 of the Act of 1956 before the learned BoR, which was also dismissed vide the impugned order dated 04.12.2001. Hence, the present petition has been preferred claiming the afore-quoted reliefs.

4. Learned counsel for the petitioner submits that the learned SDO passed the impugned order without giving any opportunity of hearing to the petitioner and without duly considering the previous judgment and decree passed in favour of the petitioner regarding

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