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PUSHPENDRA SINGH BHATI
Narayan S/o Late Shri Madhulal – Appellant
Versus
Heera Lal S/o Nathu Lohar – Respondent
JUDGMENT
This writ petition under Articles 226 & 227 of the Constitution of India has been preferred claiming the following reliefs:—
“It is therefore, most respectfully prayed that this instant writ petition, may kindly be allowed and the impugned judgment and decree dated 17.08.2022 passed by the learned Board of Revenue, at Annexure 6, and the judgment and decree dated 19.10.2011 passed by the learned Sub-Divisional Officer, at Annexure -4, may kindly be quashed and set-aside, and the suit filed by the plaintiffs/ petitioners may kindly be allowed, in the interest of justice.
Any other order or direction, which this Hon’ble Court deems it just, fit and proper to pass in the present set of facts and circumstances, may kindly be passed in the favour of petitioners.”
2. As per the pleaded facts, one Shri Madhulal (father of the petitioners-plaintiffs) had ownership, khatedari and possession of six khasras bearing nos.947, 948, 1024, 1025/1, 1028/1 and 1030 measuring 2.72 hectares in total, and after the death of their father, the petitioners-plaintiffs approached the concerned revenue authority for entering their names in the revenue records, on the basis of intestate succession
Mutation entries in revenue record are only for a fiscal purpose and do not create any title/ownership right in favour of person in whose name mutation entry has been made.
The Revenue Court lacks jurisdiction to declare legal status; such matters must be referred to the Civil Court as per the Rajasthan Tenancy Act, 1955.
The Board of Revenue exceeded its jurisdiction by reversing the Revenue Appellate Authority's well-reasoned findings based solely on the non-production of evidence, which was not a deliberate act of ....
Jurisdiction to declare khatedari rights is exclusively with Revenue Courts; Civil Courts can only grant consequential reliefs after such determination.
Khatedari rights under the Rajasthan Tenancy Act are granted only to actual cultivators, not to those claiming through others without evidence of cultivation.
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