Advocates:
['RAJEEV PUROHIT', 'RS SALUJA', '', 'RAM DAYAL', 'MANISH VYAS', 'MANISH VYAS AAG', 'NM LODHA', 'AAG', 'JK BHAIYA', 'G A', 'A G A']

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 1543/2003

1. Jaichand S/o Shri Sampat Raj, through deceased legal

representatives.

1/1 Smt. Kamla Devi Wd/o Late Shri Jai chand, aged 65

years.

1/2 Dilip Surana S/o Late Shri Jai chand, aged 48 years,

1/3 Sandeep Surana S/o Late Shri Jai chand, aged 40 years,

1/4 Pradeep Surana S/o late Shri Jai chand, aged 38 years.

Respondent No. 1/1 to 1/4 are R/o 24, Nehru Nagar, pali

1/5 Rekha Baliya W/o Sanjay Baliya D/o Late Shri Jaichand,

aged 44 years, R/o Baliya Bass, Pali

----Petitioners

Versus

1. State of Rajasthan to be served through Secretary to the

Govt, of Rajasthan, Devasthan Department, Jaipur.

2. Shri Ashok kumar Shekhar at present posted as Secretary to

the Government of Rajasthan, Devasthan Department, Jaipur.

3. Collector, Pali

----Respondents

For Petitioner(s)

:

Mr. JL Purohit Sr. Advocate assisted

by Mr. Rajeev Purohit

For Respondent(s)

:

Mr. Manish Vyas, AAG assisted by

Mr. Kailash Choudhary

Mr. Ram Dayal, Dy. G.C.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

06/05/2022

The case is listed in the ‘Orders’ category, however, with the

consent of the learned counsel for the parties, the matter is being

heard and decided finally today itself.

The present writ petition has been filed for quashing the

order dated 06.03.2003 (Annex. R/2) passed by the Secretary to

the Government of Rajasthan (respondent No.2) and its

consequential order dated 31.03.2003 (Annex.10) passed by the

District Collector, Pali.

Brief facts of the present writ petition are that there is a

temple popularly known as Mandir Shri Mahadev Ji Somnath Ji at

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Pali. The lands in Khasra Nos. 1035, 1036, 1037, 1040 and 1041

were recorded in the name of Deity Somnathji as Dolidar. The land

was recorded in the name of Deity Somnathji and being a

Maufidar was entitled to collect the land revenue from the tenant

and the same was not required to be paid to the Government. At

the time of jagir resumption, Khasra Nos. 1035, 1036, 1037, 1040

and 1041 were shown under the cultivation of Kunna s/o Heera

and Urja s/o Moti Keer. They were shown as tenants. The State

Government on 24.04.1982 (Annex.3) passed an order in relation

to some of the unauthorized sales made by the Pujaris in the

State of Rajasthan and directed that if they deposit a fixed

amount, they may be granted khatedari rights. The petitioners’

land was also brought into the ambit of order dated 24.04.1982.

While this dispute was going on, a reference No. 102/1998

dated 26.03.1996 was made by the Collector, Pali under Section

82 of the Rajasthan Land Revenue Act for canceling the mutation

entries Nos. 998 and 1000. These mutation entries included the

lands belonging to the petitioners also. The Board of Revenue vide

order dated 03.12.1999 dismissed the reference No. 102/1998

made by the Collector, Pali and it was held by the Board that since

at the time of resumption of jagir, the land of Khasra Nos. 1035,

1036, 1037, 1040 and 1041 were recorded in the khatedari of

Kunna s/o Heera and Urja s/o Moti Keer and, therefore, they were

khatedars.

The order dated 03.12.1999 passed by the Board of Revenue

was again challenged by the State of Rajasthan by way of filing a

writ petition bearing S.B. Civil Writ Petition No. 387/2002. The

said writ petition was dismissed by the learned Single Bench of

this Court on 20.04.2004. The order of the Single Bench was

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assailed before the Division Bench of this Court through D.B. Spl.

Appl. Writ No. 444/2004 but the same too was dismissed vide

judgment dated 23.02.2018.

During the pendency of the writ petition bearing S.B. Civil

Writ Petition No. 387/2002, an order was passed by the Secretary

to the Government of Rajasthan (respondent No. 2) on

06.03.2003 holding that the petitioners were not the khatedars o