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MANINDRA MOHAN SHRIVASTAVA, MADAN GOPAL VYAS
Joga Ram S/o Shri Chaina Ram – Appellant
Versus
Board Of Revenue Of Rajasthan, Ajmer (Raj. ) – Respondent
JUDGMENT :
1. This appeal arises out of the order dated 01.11.2023, passed by the learned Single Judge in the petition filed by the appellant, whereby, the learned Single Judge has upheld the orders passed by the Revenue Appellate Authority as well as the Sub-Divisional Officer in the matter of dispute relating to appellant’s status qua the land in dispute.
2. Facts of the case stated briefly and succinctly, being relevant for adjudication, are that a parcel of land bearing Khasra nos.2255, 2256, 2259 and 2260 (Old khasras no.472 and 473) situated in village Narlai, Tehsil Desuri, district Pali was recorded in the name of the appellant as Khatedar (tenant). The Sub- Divisional Officer, however, passed an order on 30.11.1987 directing the land in dispute to be recorded in the name of Doli Banam Mandir Charbhujaji by striking off the name of the appellant. This order adversely affected the recorded tenancy rights of the appellant and, therefore, he preferred a revenue appeal. The appeal was partly allowed vide order dated 24.06.1993. Though the order of the Sub-Divisional Officer directing the land in dispute to be recorded in the name of Mandir was upheld, however, it was held that if
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 ....
Land recorded as khudkasht land in the name of the Temple belongs to the deity, and the pujari/shebait cannot acquire such land.
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.
The main legal point established is the rightful ownership of Deity land and the invalidity of mutations in favor of unauthorized parties.
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