SHEO KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition comes up today for the decision of two preliminary points raised by the respondents :--

(2.) In village Dulmana, Tehsil Suratgarh, District Sri Ganganagar, there is a temple of Thakurji which had a grant of 'Muafi' lands in 6 PBN, Square Nos. 44 and 45, measuring 15 Bighas and 17 Biswas. These lands were in possession of one deceased Bhinya Ram, as a 'Pujari'. The petitioner No. 1 Sheo Karan petitioners Nos. 4, 5, 6 and 7 are his legal representatives. Besides this land, Bhinya Ram also had there 7 Bighas of 'lagani' land. After the resumption of 'Muafi' land w. e. f. 1-1-1959, though the deity was the Muafi holder, yet Bhinya Ram got an order in his favour from the Collector, Sriganganagar on 1310-1959 that the land in question was his personal property under Section 23 (2) of the Land Reforms and Resumption of Jagirs Act, 1952. It was then entered as his khatedari land. The petitioners Nos. 2 and 3, namely; Smt. Rami Devi W/o Shri Sheo Karan and Shri Sitaram S/o Sheo Karan purchased certain lands in tehsil Pilibanga in 7 PBN. These lands were reserved for purposes of orchard and Mandi. Petitioners Nos. 2 and 3 were granted lands in exchange in 7 PBN itself. Deceased Bhinyaram also applied for exchange of land for the aforesaid 'Muafi' and 'Lagani' lands. Exchange was allowed to him and the said former 'Muafi' land was put to auction and purchased by the petitioner No. 8 Balbir Singh. The said exchanges were sanctioned by the Deputy Colonisation Commissioner, Hanumangarh. on 20-4-1961.

(3.) The lands so sold by auction to the petitioner No. 8 were in fact in possession of one Ladhuram who had filed a suit in the court of the Assistant Collector, Hanumangarh against Bhinyaram that Bhinyaram became blind and his son Sheokaran had become a Patwari. Therefore he was appointed a 'Pujari' in 1949-50 and he has been cultivating the land in lieu of his services to the temple. Since Sheo Karan was a patwari, he managed a forged girdawari of the disputed land in his favour and thus it was entered in the khatedari of Bhinyaram. Ladhuram prayed for a declaration that the land should be declared as of his khatedari Ladhuram also obtained an injunction from that court against his dispossession on 23-7-1960. Appeal and Revision against the inj unction were also dismissed. The suit has had a chequered career and is still pending. Sheo Karan filed this petition and got the suit stayed on the basis that a writ petition has been filed in the matter in this Court. In this writ petition he had also applied for the stay, but that was ultimately rejected.