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2008 Supreme(Raj) 857

MAHESH BHAGWATI, SHIV KUMAR SHARMA
Murti Mandir Shri Niyamaji Laxmangarh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
R.K. Agarwal, for Appellant;
Bhanu Pareek, for Respondents No.4, 5 and 6

Hon'ble SHARMA, J.— Agricultural land belonging to deity was mutated in the names of Mukhram, Mahaveer and Murli vide mutations No.203 and 611 respectively entered on May 7, 1960 and November 11, 1961. On November 7, 1986, i.e. after about 25 years, the Additional Collector Sikar requested Board of Revenue to cancel the said mutations by making reference dated November 7, 1986 under Section 82 of the Rajasthan Land Revenue Act,1956 (for short `1956 Act'). The Board of Revenue rejected the reference on the ground that it was filed after unreasonable delay vide order dated March 1, 1989. A writ petition was thereafter filed and after dismissal of writ petition instant appeal has been submitted.

2. The facts in brief are that in the year 1936 the land bearing khasra Nos.301, 372 and 673 measuring 60 bighas 14 biswas were donated by Shri Madho Singh ji Bahadur, the then Rao Raja of Thikana Sikar to Deity Murti Mandir Niyamaji. On resumption of Jagir under the Rajasthan Land Reforms and Resumption of Jagir Act, 1952 the land was converted into pucca bigha and new khasra numbers were given as 373, 365, 966 and 966/1361 measuring 26 bighas 19 biswas. At this time land of 966/1361 was enter












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