MEERA MARBLES Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) We have heard learned counsel appearing for the parties.

(2.) All these Special Appeals arise out of the judgment of learned Single Judge dated 22.04.2014, by which he has dismissed the writ petitions, filed against the order passed by a Division Bench of the Revenue Board, Rajasthan, Ajmer dated 19.04.2001, allowing 55 Special Appeals. The Division Bench of the Revenue Board set aside the order of Single Member of the Revenue Board dated 10.03.2000, by which the order of Tehsildar, Kishangarh, District Ajmer dated 01.11.1997, taking suo motu action and reviewing his earlier order, was maintained, by which the Tehsildar Kishangarh, District Ajmer had held that the appellants were trespassers on the disputed land, and were directed to be dispossessed.

(3.) The land in dispute is recorded in Jamabandi for Samvat Year 2045 to 2048, and in Khasra Girdawari for Samvat Year 2045 to 2048 of Khasra Nos.338, 440, 430 & 431, in the khatedari of Mandir Shri Raghunath Ji. The Mandir Shri Raghunath Ji has not executed any sale deed, gift deed, or Will in favour of the appellants, nor any such document could be executed, as the deity is a perpetual minor, and there was no legal necessity of such transfer. Section 46 of the Rajasthan Tenancy Act, 1955 gives protection to such perpetual minors, and provides that their land cannot be transferred.