Advocates:
['SHAILESH PRAKASH SHARMA', 'DHARMENDRA PAREEK ADD G C', '', 'RISHI PARASHAR', 'R A KATTA', 'HARI KISHAN SAINI']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No.2775/2015

Mohan Singh (Deceased) Son of Late Ram Singh Khatri, Resident

of 1400, Behind L.M.B. Hotel, Chokari Vishveshwarji, Jaipur

through his legal representative

1/1 Maithli Sharan Sharma S/o Bhanwar Lal Sharma, aged about

55 years, by case Brahmin, Resident of Mohit Farm, 200 Feets

Bypass, Dronpuri Road, Ajmer Road, Jaipur (L.R. of Late Shri

Mohan Singh)

----Petitioner

Versus

1. The State of Rajasthan, through Tehsildar, Jaipur.

2. Ashok vihar Vikas Samiti, through the then Convener now as

present Shri Niranjan Lal Soni S/o Shri Nathu Ram Soni, R/o 52,

Madhav Nagar, Durgapura, In front of Railway Station, Jaipur.

----Respondents

connected with

S.B. Civil Writ Petition No.16654/2015

Ashok Vihar Vikas Samiti, through the President Shri Niranjan

Lal Soni S/o Shri Natthu Ram Soni, R/o 52, Madhav Nagar,

Durgapura, In front of Railway Station, Jaipur

Petitioner

Versus

1. State of Rajasthan, through Tehsildar, Jaipur

2. Jaipur Development Authority, through its Secretary, Indra

Circle, Jawahar Lal Nehru Marg, Jaipur

3. Maithli Sharan Sharma S/o Bhanwar Lal Sharma, R/o Mohit

Farm, 200 feets By-pass, Dronpuri Road, Ajmer Road, Jaipur

For Petitioner(s)

:

Mr. Shailesh Prakash Sharma, Adv.

Mr. Hari Kishan Saini, Adv. (CWP

No.16654/2015)

For Respondent(s)

:

Mr. Dharmendra Pareek, Addl. G.C.

Mr. Hari Kishan Saini, Adv.

Mr. R.A. Katta, Adv.

Mr. Rishi Parashar Adv.

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order reserved on 03

^rd July, 2018

Order pronounced on 07

^th September, 2018

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[CW-2775/2015]

1.

This case has a chequered history, however to examine the

contentions, it would be appropriate to first mention the facts

relating to the revenue record of the land in question as available

on record. Admittedly, the land situate in Village Manpur Devri

alias Meenawala Tehsil, Jaipur, bearing khasra No.24 admeasuring

1 bigha 3 biswas, khasra No.25 admeasuring 1 bigha 8 biswas,

khasra No.26 admeasuring 9 biswas, khasra No.27 admeasruing

12 bigha 2 biswas, khasra No.29 admeasuring 5 bigha 6 biswas,

khasra No.32 1 bigha 8 biswas, khasra No.33, admeasruing 3

biswas, khasra No.36, 9 biswas, khasra no.32/140 1 biswa i.e. in

all 22 bighas 9 biswas was in the khatedari of one Nand Rani

widow of Govind Singh. However, the names came to be entered

of Moti, Govinda and Chothu sons of Bhorya as khatedari tenants

vide mutation No.10 and the name of widow was deleted. When

the said three persons transferred the piece of land, litigation

ensued.

2.

The Tehsildar while coming to know of such act, initiated

reference proceedings under Section 82 of the Land Revenue Act

on 22.02.1997 to the Collector against mutation No.10 whereby

the name of widow Nand Rani was deleted and the land was

entered in the name of Moti son of Bhorya, Govinda son of Bhorya

and Chothu son of Bhorya and whereafter the said land was

further entered in the name of other persons vide mutation

nos.34, 44, 45, 46 and 64. The reference proceedings were

initiated and on enquiry, it was found that Moti son of Bhorya who

was by caste Meena and belonged to Scheduled Tribe, changed his

religion to Christianity for the purpose of selling the land, although

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[CW-2775/2015]

after his death, all rituals and ceremonies performed as per Hindu

Rites.

3.

The reference was initiated on the basis of the provision

contained under Section 46 read with Section 19 of the Rajasthan

Tenancy Act, 1955 which allowed letting or subletting by a widow,

and therefore, the tenants would not acquire khatedari rights on

her land in terms of Section 19 of the Act of 1955. Name of Nand

Rani was thus wrongly struck off in mutation No.10.

4.

At the stage of reference, notices were issued to the LRs of

Nand Rani i.e. the petitioner Mohan Singh (deceased). The other

brothers of Moti, Govinda and Chothu were also serve