BHAIR GIR Vs. HANUMAN PRASAD

JUDGEMENT

(1.) HANUMAN Prasad Purohit, resident of Ajeetpura, Tehsil Bhadra, District Ganganagar, made an application in the court of Sub Divisional Magistrate, Nohar, on May 21, 1966, against Bhair Gir, Nizammudeen, and Safi under sec. 145, Cr. P. C. The allegations made in the application were that Khasra No, 85, measuring 21 Bighas and 16 Biswas; Khasra No. 487, measuring 39 Bighas and 13 Biswas; and Khasra No. 390, measuring 6 Bighas and 1 Biswa, situated in the out skirt of village Rohi Ajeetpura were entered as Khatedari lands of the Shiv temple of the village and its Dharamshaila. This land was under the cultivation of the temple Pujari and its income was utilised over the shrine and the Dharamshaila. The temple Pujari, Ganpat Gir, died in Smt. year 2012. Thereafter his 'chela', Santosh Gir, also died in Smt. year 2015. After Samvat year 2015 the land was administered and controlled by the Mandir Committee, set up by the public for the purpose of managing the affairs of the temple and the Dharamshaila. The land was given to sundry people for the purpose of cultivation and its income was utilised over the expenses of the temple and the Dharamshaila. A year before the filing of the application, Khasra No 85 was given to Deva Jat, resident of Jogivala, and Khasra No. 487 was allotted to Uda Jat of Jatipura, and Khasra No. 390 was let out to Goru Kumhar of Ajeetpura. These people cultivated the land and after gathering their crops returned the land to the Mandir Committee. A few days prior to the filing of the application, the non-petitioners Bhair Gir, Nizammudeen, and Shafi attempted to cultivate the land by force and without any legal title vested in them and they threatened that they would insist upon cultivating the same despite the wishes of the Committee members to the contrary. It was further pointed out that with this background there was every possibility of breach of the peace. The petitioner, in the capacity of the Vice-President of the Prabandhak Committee, therefore, prayed that proceedings under sec. 145, Cr. P. C. be taken. It was further prayed that till the disposal of the case the land should be attached and be kept under a receiver appointed by the court with a view to avert breach of the peace. In support of this application HANUMAN Prasad filed an affidavit.

(2.) ON receipt of the above application, learned Sub-Divisional Magistrate, Nohar, ordered that the disputed land should immediately be attached and notices be given to both the parties to appear in the court on the appointed date i. e. , on June 3, 1966, and file their written statements and affidavits etc. , with regard to their respective claims over the land in dispute. In pursuance of that order, the land was attached by the Tehsildar, Bhadra, on June 16, 1966. ON behalf of the petitioner Sheodat Ram, President of the Mandir Committee and the Sarpanch of the Gram Panchayat, Ajeetpura, Mangesh Singh, Ex-Sarpanch, Gram Panchayat Ajeetpura, Nanak Ram, a member of the Mandir Committee, Badri Singh, Ex-Up-Sarpanch, Hanuman Prasad, Chananmal, Munshi Ram, Jai Narayan, Ex-Panch, and Shiv Kumar Panch, Gram Panchayat, Ajeetpura, filed their affidavits on June 18, 1966. A copy of the receipt of the land revenue issued by the Patwari on February 24, 1965, in the name of the Manager of the Mandir Committee, a copy of the settlement Parcha, copies of the resolutions of the Gram Panchayat, Ajeetpura, copies of the Ikrarnamas executed by Gafura and Zeerdin, and copies of the records of the yearly auction of the land under dispute by the Mandir Committee from 1962 to 1965 were also filed. ON behalf of Bhair Gir and others of party No. 2 written statements were filed in which they denied the existence of any Mandir Committee. They stated that Bhair Gir was the adopted son of Ganpat Gir. During his life time Ganpat Gir cultivated the land and after his death Mst. Dallo, widow of Ganpat Gir, got the land cultivated. They further alleged that the disputed land was originally a Maufi grant and after its resumption, Maufidar was given Khatedari rights and Mst. Dallo was ordered to be entered as Khatedar by the Additional Collector (Jagir ) Ganganagar ; vide his order No. 326 dated December 21, 1965. Mst. Dallo died on December 23, 1965, and after her death her adopted son Bhair Gir started cultivating the land. It was further alleged that it was Bhair Gir or Mst. Ballo who let out this land on Theka to others and that it was Bhair Gir who continued to be in its peaceful possession. It was also pointed out that the non-applicants Nizammudeen and Shafi were cultivating some portions of the land on behalf of Bhair Gir. The non-applicants filed affidavits of Shafi, Deva Ram and Udaram. They further filed copies of the order of Additional Collector (Jagir), dated December 21, 1965, and the adoption deed, executed by Mst. Dallo, on November i9, 1965, in favour of Bhair Gir. Besides these, copies of the Jama Bandi of Samvat year 2011 to Samvat year 2017 and copies of Khasra Girdawaris from Smt. year 2017 to 2022 were submitted. Learned Sub-Divisional Magistrate inspected the site on July 23, 1966. Eventually on July 28, 1966, he ordered that the non-applicants should be dispossessed from the land and that its possession be given to the Mandir Committee.

(3.) IN the result, I accept the revision petition filed by party No. 2, set aside the order passed by learned Sub-Divisional Magistrate, Nohar, dated July, 28, 1966, as also the judgment of learned Additional Sessions Judge, Ganganagar, dated October 31 1966, and dismiss the application under sec. 145. Cr. P. C. filed by party No. 1 and direct that the land should be restored to party No. 2, Bhair Gir and others. .