HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Writ Petition No. 18455/2022

Gajraj Singh Nathawat S/o Shri Dhan Singh Nathawat, Aged

About 43 Years, Resident Of 406, Jaswant Nagar, Khatipura,

Jaipur, Rajasthan.

----Petitioner

Versus

1.

The State Of Rajasthan, Through Chief Secretary, Govt.

Of Rajasthan, Government Secretariat, Janpath, Jaipur,

Rajasthan.

2.

Principle Secretary, Department Of Revenue, Government

Secretariat, Janpath, Jaipur, Rajasthan.

3.

District Collector Cum Chairman Of Public Land Protection

Cell, Jaipur District Jaipur, Rajasthan.

4.

The Commissioner, Devsthan Department, Government Of

Rajasthan, Udaipur, Rajasthan.

5.

Assistant Commissioner 1St, Devsthan Department,

Government Of Rajasthan, Rem Chandraji Temple, Hawa

Mahal Road, Jaipur, Rajasthan.

6.

Additional District Collector- First Cum Officer In-Charge

Revenue Branch, District Jaipur, Rajasthan.

7.

Sub-Divisional Magistrate Jaipur, District Jaipur,

Rajasthan.

8.

Tehsildar Jaipur, Head Quarter Jaipur, Tehsil Jaipur,

District Jaipur, Rajasthan.

9.

Kanaram S/o Bhonwar Lal, Resident Of Village Gokulpura,

Patwar Area Meenawala, District Jaipur, Rajasthan.

10.

Bhagwal Shai S/o Ramnath, Resident Of Village

Gokulpura, Patwar Area Meenawala, District Jaipur,

Rajasthan.

11.

Moolchand S/o Laxminarayan, Resident Of Village

Gokulpura, Patwar Area Meenawala, District Jaipur,

Rajasthan.

12.

Ramchandra S/o Bhori Lal, Resident Of Village Gokulpura,

Patwar Area Meenawala, District Jaipur, Rajasthan.

13.

Remeshwar S/o Ramnath, Resident Of Village Gokulpura,

Patwar Area Meenawala, District Jaipur, Rajasthan.

(2 of 3)

[CW-18455/2022]

14.

Lallu Narayan S/o Laxminarayan, Resident Of Village

Gokulpura, Patwar Area Meenawala, District Jaipur,

Rajasthan.

15.

Shri Narayan S/o Ramnath, Resident Of Village

Gokulpura, Patwar Area Meenawala, District Jaipur,

Rajasthan.

16.

Sitaram S/o Ramnath, Resident Of Village Gokulpura,

Patwar Area Meenawala, District Jaipur, Rajasthan.

(Respondent No. 9 To 16 Are Encroachers)

----Respondents

For Petitioner(s)

:

Mr. Ripunjay Sharma &

Ms. Chhavi Chaturvedi

For Respondent(s)

:

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL

HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

12/12/2022

1.

Heard learned counsel for the petitioner.

2.

Petitioner is claiming to be a resident of the village and has

preferred this petition in public interest for the protection of land

bearing Khasra No. 296/1 alleging it to be a Mandir Mafi land,

situated in village Gokulpura area Meenawala, Tehsil Bassi

Sitarampura Tehsil Jaipur, District Jaipur.

3.

The petitioner at one place states that the aforesaid land is

the State land and on the other submits that it is Mandir Mafi and

at the third place submits that it is the property of deity Veer

Tejaji Temple.

4.

The facts as narrated in the writ petition are not clear as to

whom the aforesaid land belongs.

5.

The argument of the petitioner is that the Revenue

Authorities are incorrectly mutating the said land in the name of

(3 of 3)

[CW-18455/2022]

private persons and as such, the rights of the temple over it may

be protected.

6.

It is well settled in law that mutation entries are not

documents of title. They are only meant for fiscal purposes to

enable the State authorities to collect revenue. They do not

extinguishes or create any title. Moreover, mutation entries are of

summary nature subject to the final decision, if any, of the civil

Court.

7.

In view of the aforesaid facts and circumstances, we do not

deem it necessary to exercise our discretionary jurisdiction. The

petition is accordingly dismissed with liberty to the petitioner to

get the declaration of the title of the above land declared by the

competent Court of civil jurisdiction.

(SHUBHA MEHTA),J

(PANKAJ MITHAL),CJ

N. Gandhi/LAKSHYA SHARMA /11