SUJA RAM Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) This petition is directed against order dated 3.11.97 of Board of Revenue Rajasthan, Ajmer, whereby while accepting the reference made by the Additional Collector, Barmer vide order dated 22.7.96, while cancelling the mutation Nos.150, 169, 292 and 420 of the land ad measuring 160 bighas comprising Khasra No.241 and 13 bighas and 6 biswas comprising Khasrs No.377 situated at Village-Bhalro Ka Bada, Tehsil-Siwana, District-Barmer, the land has been restored in the name of "Doli Banam Mandir Shri Mahadevji".

(2.) The relevant facts are that the State Government through Tehsildar, Siwana made an application before the Additional Collector, Barmer, under Section 82 of Rajasthan Land Revenue Act, 1956 (for short "the Act"), stating that the land ad measuring 160 bighas comprising Khasra No.241 and 13 bighas and 6 biswas comprising Khasrs No.377 situated at Village-Bhalro Ka Bada, entered in the jamabandi of Samvat- 2009 as khudkasht land of deity "Doli Banam Mandir Shri Mahadevji" has wrongly been entered as khatedari land of Pujaris of the deity namely, Jog Bharti and Kailash Bharti sons of Sukhdev Bharti and accordingly, it was prayed that the mutations recorded in the name of Jog Bharti and Kailash Bharti and subsequent transferee vide mutation nos.150, 169, 292 & 420, deserve to be cancelled.

(3.) The application was allowed by the Additional Collector, Barmer, vide order dated 22.7.96 and accordingly, the reference was made to the Board of Revenue under Section 82 of the Act.