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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
State of Rajasthan – Appellant
Versus
Bhanwari Devi – Respondent
Order :
1.Heard learned counsel for the parties.
2. The present writ petition has been filed by the petitioner State against the order dated 05.02.2020 passed by the Board of Revenue, Ajmer.
3. Briefly the facts necessary to be noted are that the respondent was having a piece of khatedari land situated at Khasra No.310 of Village Pal District Jodhpur. The said land was recorded in the name of the respondent in the revenue record, however, on account of clerical mistake, in the revenue record, the entries got changed and the same were recorded in the name of Doli Banam Mahadev Mandir in place of the respondent. On noticing the mistake, the respondent submitted an application under Section 136 of the Rajasthan Land Revenue Act, 1956 before Sub Divisional Officer, Jodhpur. The application preferred by the respondent was allowed by the Sub Divisional Officer, Jodhpur vide its order dated 14.05.2014 and a direction to the Tehsildar, Jodhpur to re-record the land of Khasra No.310 ad-measuring 56 bigha 19 biswa in the name of the husband of respondent, which was recorded in the name of Doli Banam Mandir Mahadev Ji due to clerical mistake. This order dated 14.05.2014 was suo motu reviewed by
Clerical errors in land revenue records can be corrected to reflect true ownership, and such corrections should not be interfered with if substantiated.
The main legal point established in the judgment is the right of a party to seek correction of entries in revenue records under Section 136 of the Rajasthan Land Revenue Act, 1956.
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.
Temple land is considered perpetual property and cannot be recorded in the name of a priest, affirming the temple's ownership rights.
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.
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