JAICHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 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.

(2.) The present writ petition has been filed for quashing the order dtd. 6/3/2003 (Annex. R/2) passed by the Secretary to the Government of Rajasthan (respondent No. 2) and its consequential order dtd. 31/3/2003 (Annex. 10) passed by the District Collector, Pali.

(3.) Brief facts of the present writ petition are that there is a temple popularly known as Mandir Shri Mahadev Ji Somnath Ji at 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 24/4/1982 (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 dtd. 24/4/1982.