Temple Of Deity Shri Thakur Ji ... vs Tanjim Khan S/O Mubarik Ali
2022 Latest Caselaw 3822 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 5992/2022

Temple Of Deity Shri Thakur Ji Saleg Ram Ji
                                                                   ----Petitioner
                                   Versus
Tanjim Khan & Ors.
                                                                ----Respondents

For Petitioner(s) : Mr. J.P. Goyal Sr. Adv. with Mr. Abhi Goyal & Ms. Jyoti Swami For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

13/05/2022

Learned Senior Counsel for the petitioner submits that

despite recording a categorical finding that the revision petition

preferred by the respondent No.1 against ad-interim order dated

23.12.2019 passed by the Revenue Appellate Authority, Sikar was

not maintainable, still, the Board of Revenue Rajasthan, Ajmer

(for brevity, "BoR"), set aside not only the order dated 23.12.2019

under challenge in the revision petition; but, also the order dated

17.12.2019 passed by the Court of Sub-Divisional Officer. Drawing

attention of this Court towards the Jamabandi of the land in

question for Samvat 2012 and subsequent years, learned Senior

Counsel submitted that on the relevant date, the land was entered

in the name of Mafi Mandir through its Pujari which was shown to

be Khudkasht land and hence, in view of the judgment of a Full

Bench of this Court in case of Tara & Ors. Vs. State of

(2 of 2) [CW-5992/2022]

Rajasthan & Anr.: 2015(3) WLC (Raj.) 548, the Deity

acquired Khatedari rights.

Issue notice confined to the respondent No.1 of the writ petition as well as of stay application. Rule is made returnable by four weeks. Notices be filed in two sets. One set of notices be sent through registered post with acknowledgment due. Notices may also be given "dasti". Steps to be taken within a week.

Heard learned Senior Counsel on interim relief. Taking into consideration the contentions and the material on record, this Court deems it just and proper to direct the parties to maintain status quo qua the subject land, till further orders.

(MAHENDAR KUMAR GOYAL),J

Sudha/83

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