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SHREE CHANDRASHEKHAR, KULDEEP MATHUR
Urban Improvement Trust, Udaipur, Through Its Secretary – Appellant
Versus
Jaitu Kanwar, W/o. Ummed Singh – Respondent
ORDER :
(Kuldeep Mathur, J.) :
1. The present Special Appeals have been filed by the appellant laying challenge to the impugned orders dated 7th September 2022 passed by the learned Single Judge in S.B. Civil Writ Petition No.7188/2021 whereby the respondents herein have been declared as the Khatedars of lands situated at village Savina, Tehsil Girwa, District Udaipur falling in khasras no. 587 and 548 (new khasras no. 1631 and 1632).
2. As the pleaded facts would reveal, the land falling in khasra no.587 (new khasra no. 1632) measuring 17.01 bighas located at village Savina, Tehsil Girwa, District Udiapur came to be allotted to the appellant- Urban Improvement Trust, Udaipur (hereinafter to be referred as ‘the UIT’) by the Revenue Authorities treating the nature of the land to be Bilanam. The private respondents being aggrieved by recording of the abovementioned piece of land in the name of the UIT preferred two separate suits in the Court of Sub-Division Officer, Girwa, District Udaipur (SDM) for declaration and permanent injunction under Sections 188, 88, 63(1)(4) & 92-A of the Rajasthan Tenancy Act. In the revenue suit filed by the private respondents it was averred that as per th
The court established that khatedari rights must be respected and that revenue authorities must maintain accurate records without unjustified alterations.
The court emphasized the importance of proper exercise of revisional jurisdiction and the need for valid mutations in land disputes.
Land recorded as khudkasht land in the name of the Temple belongs to the deity, and the pujari/shebait cannot acquire such land.
Revenue records do not confer title; ownership must be established through valid documentation and historical possession.
A recorded tenant's consent is essential for an unrecorded co-tenant to acquire Bhumidhari rights; absence of such consent invalidates claims to ownership.
Khatedari rights under the Rajasthan Tenancy Act are granted only to actual cultivators, not to those claiming through others without evidence of cultivation.
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.
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