RAM BHAJAN Vs. BOARD OF REVERNUE

JUDGEMENT

(1.) By way of filing the present writ petition, the petitioner has assailed order dtd. 4/11/1999 passed by Board of Revenue for Rajasthan, Ajmer (hereinafter to be referred as 'the Board of Revenue '), whereby the reference made by the District Collector, Karauli under Sec. 82 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as 'the Act of 1956 ') was accepted and directions were issued for deletion of the names of the persons, including the petitioner, from the revenue record and substitution of the name of the deity, namely, Murti Mandir Govind Dev Ji. The petitioner has also challenged order dtd. 1/7/2000 passed by the Board of Revenue, whereby review petition filed by the petitioner against the aforesaid order was dismissed.

(2.) Facts of the case, in brief, are that the petitioner claims himself to be the khatedar tenant of agricultural land comprised in Khasra Nos.482 measuring 8 Biswas, Khasra No. 483 measuring 5 Biswas and Khasra No. 485 measuring 18 Biswas (the aforesaid lands hereinafter to be referred as 'the disputed land '), situated at revenue village Karauli. According to the petitioner, the disputed land had throughout been in the cultivatory possession of his family and upon the relevant provisions of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 and the Rajasthan Tenancy Act, 1955 coming into force, the requisite tenancy and khatedari rights accrued in his favour.

(3.) The controversy commenced when the Tehsildar, Karauli submitted an application before the District Collector, Karauli (hereinafter to be referred as 'the District Collector ') seeking a reference under Sec. 82 of the Act of 1956 on the allegation that the disputed land had originally been recorded in the name of Murti Mandir Govind Dev Ji through Panch Mahajanan Agarwal, Karauli in Samvat Year 2015, whereas subsequently, the disputed land came to be recorded in the name of the petitioner. The Tehsildar, while relying upon a Government Circular dtd. 30/3/1977, prayed that the subsequent entries in favour of the petitioner be set aside and the land be entered in the name of the deity.