TEHSILDAR GIRVA Vs. BHAGWAN

JUDGEMENT

(1.) UNDISPUTED facts in the present case as found by all the authorities passing orders Ex. 4, Ex. 5 and Ex. 6 are that the land in question was recorded in the name of respondents No. 1 to 6 before the Settlement Officer in Samvat 2041 ordering change in the Jamabandi on 21. 11. 84 to enter the name of Shri Eklingji Maharaj as Khatedar. Aggrieved with the change, the respondents No. 1 to 6 have made the application before the Addl. Collector, Udaipur alleging that the settlement authorities are required to repeat the entries of existing Jamabandies and are not authorised to alter the entries without orders or any legal sanction from competent authorities in appropriate proceedings and as such the order of Settlement Officer dated 21. 11. 84 is without jurisdiction. The Addl. Collector, in the first instance, had no quarrel with the aforesaid principle but on a report submitted about the properties of the temple came to the conclusion that since as per that report the land is shown to be of Eklingji Maharaj and the complainant-applicants are recorded as Sikmi Khadmdars, the alteration in the Jamabandi was proper. The said order was affirmed by the Revenue Appellate Authority on 21. 8. 96 vide Annex. 5. The Board of Revenue was of the opinion that in the absence of any orders from the competent authority to alter the records, there could not have been any change affected at the behest of the settlement authorities inasmuch as they have no jurisdiction to alter the continuity of the land record as it exists immediately before the new settlement. It is this order, which has been challenged by the State, in this petition.

(2.) IT has been contended by learned counsel for the petitioner that the land stood recorded in the name of Eklingji much before the date it was recorded in the name of respondents No. 1 to 6 and, therefore the order of the Board of Revenue is not well founded and cannot be sustained on the principle that land belonging to a deity which is a perpetual minor continues to remain his property and no alteration can take place.