HANGAMI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD .

(2.) BY the means of this writ petition the petitioners has prayed that the circular No. 2(4) Raj./4/90/37 dated 13/12/1991. (Annex. 4) issued by the Dy. Secretary to the Government, Revenue (Gr. 6) Department Rajasthan. Jaipur addressed to all the Collectors be quashed and the respondents be directed not to dispossess the petitioners from the disputed land and not to restrain them from performing seva -puja of the deity of temple Rikhebdeo situated in Village Antalia Tehsil Asind, District Bhilwara.

(3.) THE Dy. Secretary to the Government, Revenue (Gr. 6) Department by his circular letter dated 13.12.1991 (Annex. 4) has impressed upon the Collectors and the Settlement Commissioner, Rajasthan that since the deity is a perpetual minor, legally the land recorded in its Khatedari cannot be recorded in the Khatedari of its Pujari or Shebait, and that wrong entries made in favour of Pujaris in respect of the Khudkasht lands of the (SIC) give rise to unnecessary litigation. He has further impressed that the question as to who will be the Pujari of the deity and entitled to hold the office of Pujariship is a civil dispute, which can only be decided by civil Courts and that such matters cannot be decided by the entries made in the revenue record or by the revenue courts. He has also mentioned therein that in the part in innumerable cases, the Pujaris or the Shebaits of the deity by misusing their cultivatory possession have illegally transferred the agricultural lands of the deities which have resulted in litigation and that for setting aside such illegal transfers and entries in the mutation numerous reference have been made to the Board of Revenue. The Dy. Secretary therefore, informed that in such circumstances, the Government has decided that in future the agricultural land of the deity should only be shown in the Khatedari of the Deity concerned in the annual record and that the name of the Pujari of Shebait should not be mentioned therein. He also directed that for administrative convenience a register should be separately opened at the Tehsil level, wherein the name of the Pujari of the Deity having agricultural land in its khatedari be entered and that a reference thereof be also made in the remarks columns of the Jamabandi. This circular has come into force on 31.1.1992.