Khatedari rights cannot be conferred on land belonging to a minor deity, and there is no prescribed limitation for making a reference under the Rajasthan Tenancy Act.

Order

1. This petition is filed seeking quashing of the reference order dated 12.03.1984 and order of the Board of Revenue, Ajmer (for short 'the Board') dated 23.01.1990, allowing the reference.

2. The case set up by the petitioners is that the land in Khasra Nos.3498, 3499, 3500, 3501, 3502, 3505, 3506, 3507, 3509, 3510, 3511, 3512, 3518, 3519, 3520, 3521, 3522, 3604, 3605, 3606, 3607, 3609, 3610, 3611/1, 3611/2, 3612, 3613, 7062/3497, 7063/3614, 7064/3621, 7065/3465 situated in Village Papurana was entered in the name of temple Shri Gopalji (hereinafter referred to as 'temple'). The ancestors of the petitioners were in cultivating possession of the land prior to Samwat 2012. On the basis of request dated 28.10.1980 of Devsthan Department, the Collector made reference. The Board vide order dated 23.01.1990 accepted the reference and directed that the land-in-question be re-entered in the name of temple. The Board considered that in the revenue record from Samwat 2012-15 and 2018-21, the land-in-question was registered in the name of temple through Pujari Radhakrishna. The petitioners (in this petition) failed to disclose the basis on which Jamabandi for Samwat 2026-29 was entered in the name of Surja Ram and Sola, ancestors of the petitioners. Further that in light of the provisions of the Rajasthan Tenancy Act, 1955 (for short 'the Act') the khatedari rights of the temple land cannot be granted on the basis of possession.

3. Learned senior counsel appearing on behalf of the petitioners submits that prior to enforcement of the Act ancestors of the petitioners were in possession of the land and the khatedari rights accrued in their favour. The contention is that for correcting entries of Jamabandi for Samwat 2024-26, reference was made after thirteen years and should have been dismissed on the ground of delay.

4. As per contra, the land belongs to temple and even as per the revenue record annexed with the petition as Annexure-1 to 4, the land is entered in name of temple. The Jamabandi for Samwat

2024-26 was erroneously changed without any order from the competent authority.

5. The finding recorded by the Board that in Jamabandi for Samwat 2012-15 and 2018-21, the land-in-question was registered in the name of temple through Pujari remains unchallenged. It is also not disputed that the land-in-question was entered in the name of the temple since beginning. The petitioners had claimed the land on the basis of Jamabandi for Samwat 2026-29 and by pleading that prior to 1995 the cultivating possession was of ancestors of petitioners.

6. Section 19 of the Act deals with conferment of rights on tenants of Khudkasht and sub-tenants.

7. As per Section 19(1), the tenant of Khudkasht or sub-tenant of a land, whose name is entered in annual register or not entered shall be conferred khatedari rights of such land, from the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1959 but subject to other provisions of the chapter and the exception being grove land. The right shall be conferred subject to condition that the land does not exceed the minimum area prescribed by the State Government under Section 180 (1) (a) or the maximum area from which such person is liable to be ejected under clause (d) of Section 180 (1). Proviso to Section 19 carves out the exceptions for conferring the khatedari rights. Clause (i) stipulates that khatedari rights or rights in improvement shall not accrue if part of the land is held by any person enumerated in Section 46.

In Section 46(1) the persons enumerated are:

(a) a minor, or (b) a lunatic, or (c) an idiot, or (d) a woman who is unmarried or divorced or separated from her husband, or is a widow, or (e) a person incapable disability of cu