FAIYAZ KHAN Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This writ petition is directed against order dated 10.9.98 of the Board of Revenue Rajasthan, whereby while accepting the reference made by the Additional Collector, Pali under Sec. 82 of Rajasthan Land Revenue Act, 1956 ( for short "the Act of 1956") vide order dated 26.3.98, the transfer of the land measuring 4 bighas and 18 biswas comprising khasra no.166 situated at village-Jaitaran, District-Pali, made in favour of the petitioner, which was recorded in the revenue record as khudkast land of Doli banam Aasan Gudadpeer, has been held to be illegal and accordingly, the mutation effected in the revenue record is directed to be cancelled.

(2.) The relevant facts are that the land measuring 4 bighas and 18 biswas comprising khasra no.166 was recorded in the revenue record in the name of Doli banam Aasan Gudadpeer and the name of Balunath Chela Shivnath was recorded as Pujari of the Idol. After resumption of Jagir, under the provisions of Rajasthan Land Reforms and Resumption of Jagir Act, 1952 (for short "the Jagir Act, 1952"), the land in question was sold by Azeem Bux in favour of the petitioner vide registered sale deed dated 16.2.87, claiming himself to be khatedar tenant of the land. After a lapse of about 9 years, the Tehsildar, Jaitaran made an application under Sec. 82 of the Act of 1956 before the Additional Collector, Pali, stating that the land of the deity, a perpetual minor, could not have been transferred in favour of anybody else and therefore, the mutation of the land effected in the name of the petitioner herein on the basis of illegal transfer, deserves to be cancelled. The application was allowed by the Additional Collector, Pali vide order dated 26.3.98 and the matter was referred to the Board of Revenue Rajasthan, for cancellation of the mutation.

(3.) After due consideration of the rival submissions, the Board of Revenue arrived at the finding that the land entered in the revenue record in the name of the deity was not transferable and the same was wrongly mutated as khatedari land of Azim Bux vide mutation no.69. The Board observed that transfer of the land by Azim Bux in favour of the petitioner herein is also illegal and thus, the mutation effected in the name of the petitioner herein, vide mutation no.978 is also illegal. Accordingly, by the order impugned, the mutation no.69 and 978 are directed to be cancelled. Hence, this petition.