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NUPUR BHATI
Man Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. background on land rights and transactions. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. petitioners argue against jurisdiction and their rights. (Para 8 , 9 , 10 , 11 , 12) |
| 3. respondents defend legality of prior land transaction. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 4. court's observations on legal principles regarding land ownership. (Para 19) |
| 5. court's analysis of legal rights regarding land. (Para 20 , 21 , 22) |
| 6. writ petition dismissed. (Para 23) |
JUDGMENT :
(Nupur Bhati, J.)
The instant writ petition has been preferred by the petitioner under Article 226 and 227 of the Constitution of India with the following prayers:-
ii) by an appropriate writ, order or direction the judgment dated 29/8/1991, ANNEXURE P/3, judgment dated 22/3/1993, ANNEXURE P/4 and the judgment dated 11/10/2000 ANNEXURE P/5 may kindly be quashed and set aside and the order dated June 12,1986, ANNEXURE P/2 may kindly ordered to be maintained;
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;
2. Brief facts of the case are that the respondent No. 6 Gorakhnat
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 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.
Protection of prohibited land and removal of illegal encroachments under the Rajasthan Tenancy Act, 1955.
The court emphasized the limited power of Article 227 of the Constitution of India and the authority of the Sub Divisional Officer to rectify mistakes in land records.
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