BADRI Vs. MOHAR SINGH

JUDGEMENT

(1.) BADRI and other appellants have filed this second appeal against the order of the Additional Collector, Bharatpur dated the February 6, 1963.

(2.) BRIEFLY, the facts of the case are that in village Abhora, Tehsil Kumhor, District Bharatpur, the temple of Shri Chaturbhujji was founded by Malikan Den of that village and was given some muafi land of 29,09 bighas. Ramdas was appointed as the pujari of this temple. On 24. 5. 1961 a 'majornama' was filed on behalf of Moharsingh and others the respondents in the present appeal before the Collector Bharatpur, that the pujari of the temple was surreptitiously transferring the muafi land granted to the temple to Dwarka, Udairam and Badri appellant. The Collector should take over the temple under the management of the State. The Collector forwarded this application to the Tehsildar for necessary action who came to the conclusion that the muafi enjoyed by the temple was not a village service grant and no action can be taken under sec. 191 of the Rajasthan Tenancy Act. The land already taken in the supurddari under the Tehsildars order be restored to the person from whose possession it was taken. Against this order of the Tehsildar dated 21. 11. 1962 an appeal was preferred by the present respondents Moharsingh etc. before the Collector Bharatpur who accepted the appeal on 6. 2. 1963 on the ground that the land held by the temple was a village service grant and ordered that the temple be taken under the management of the State and the pujari and others be ejected. The present appellants filed an appeal before the Revenue Appellate Authority, Kota who by his orders dated the 16th March, 1963 held that the second appeal was not maintainable against the order passed by the Tehsildar under the Tenancy Act and returned it to the appellants for presentation to the proper Court. The appellants have therefore preferred this appeal here.