Rajasthan High Court
Smt Ratan Devi W/O Late Madanlal ... vs Thakur Ji Shree Gopal Ji ... on 18 October, 2023
Bench: Ganesh Ram Meena
[2023:RJ-JP:30597]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14549/2021
1. Smt Ratan Devi W/o Late Madanlal Gupta, R/o
Maheshwara Kallan, Tehsil And District Dausa.
2. Ramavtar Gupta S/o Late Madanlal Gupta, R/o
Maheshwara Kallan, Tehsil And District Dausa.
3. Vinod Kumar Gupta S/o Late Madanlal Gupta, R/o
Maheshwara Kallan, Tehsil And District Dausa.
4. Rajendra Kumar Gupta S/o Late Madanlal Gupta, R/o
Maheshwara Kallan, Tehsil And District Dausa.
5. Smt. Gita Devi D/o Madanlal Gupta W/o Ramcharan
Maharwal, R/o Nidhiwan Nagar, New Mandi Road, Near Dr.
Kiran Nursing Home, District Dausa.
6. Smt. Usha Devi D/o Madanlal Gupta W/o Suresh Chand
Jhalani, R/o Nidhiwan Nagar, New Mandi Road, Near Dr.
Kiran Nursing Home, District Dausa.
7. Smt. Santosh Devi D/o Madanlal Gupta W/o Rajendra
Prasad Gupta, R/o Khandelwal Tent House, Near Madan
Nursing Home, Sikandara Road, Bandikui, Tehsil Baswa,
District Dausa.
----Petitioners
Versus
1. Thakur Ji Shree Gopal Ji, Maheshwara Kallan, Tehsil And
District Dausa Through Smt. Gita Devi W/o Bhagwan
Sahay R/o Maheshwara Kallan, District Dausa.
2. Vishnukant S/o Bhagwan Sahay, R/o Maheshwara Kallan,
District Dausa.
3. Vinod Kumar S/o Bhagwan Sahay, R/o Maheshwara
Kallan, District Dausa.
4. Smt. Madhu D/o Bhagwan Sahay W/o Bhudav Prasad, R/o
Chainpura, Tehsil Bassi, District Bharatpur
5. Smt. Santosh D/o Bhagwan Sahay W/o Mohanlal, R/o
Kalipahadi, District Dausa, Presently At Care Of Saraswati
Nagar Bhorilal Sonis House, District Dausa.
6. State Of Rajasthan, Through Tehsildar, District Dausa.
----Respondents
For Petitioner(s) : Mr. Ajit Maloo,
Mr. Vishnu Bohra
For Respondent(s) : Mr. Gajender Singh Rathore, Adv.
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
[2023:RJ-JP:30597] (2 of 4) [CW-14549/2021]
18/10/2023
1. Counsel for both the parties submit that the issue involved in
the present writ petition is covered by the Full Bench decision of
this Court at Principal seat, Jodhpur passed in D.B. Civil Special
Appeal No.185/2001, Tara and Ors. Vs. State of Rajasthan
and Ors., on 15.07.2015. However, against that, SLP is pending
before the Supreme Court.
2. In a D.B. appeal Tara and Ors. (supra), five questions
related to mandir mafia land were referred to the Larger Bench
which are as under:-
"(i) Whether land held in Jagir by
idol cultivated by-
(a) person other than shebait/pujari,
or
(b) hired labour or servants engaged
by shebait/pujari as tenant of deity (a
perpetual minor) will be regarded as held
in tenancy by person cultivating same as
tenant of deity;
Will still be held as land held in
personal cultivation of deity or it would be
treated as land in tenancy of person
cultivating it as tenant of deity;
(ii) what are rights of Hindu deity in
lands held by it in name of Shebait/pujari
on date of resumption of such Jagir under
provisions of RajasthanL Land Reforms &
Resumption of Jagir Act, 1952:
(iii) whether such land held by shebait or
pujari in their name after date of
resumption of such Jagir, can be alienated
by them-If so, its effect?
(iv) whether any person can acquire right
by adverse possession in lands of
aforesaid nature;
(v) whether any time limit can be fixed for
reference u/s.82 of Land Revenue Act or
u/s. 232 of Rajasthan Tenancy Act, 1955
in respect of land held by Hindu deity ? If
so, to what extent?"
3. Questions referred to the Larger Bench were decided vide
order dated 15.07.2015 in D.B. Civil Special Appeal No.185/2001.
[2023:RJ-JP:30597] (3 of 4) [CW-14549/2021]
Against the order dated 15.07.2015, certain persons preferred SLP
No.19894/2015 before the Hon'ble Supreme Court which is still
pending for disposal.
4. In view of the judgment of the Full Bench, as referred above,
the Rajasthan High Court disposed the S.B. Civil Writ Petition
No.3907/1990 "Ishwari & Ors. Vs. State of Rajasthan & Ors."
decided on 01.11.2022, which is read as under:-
"1. The issue is covered by the Full
Bench decision of this Court at Principal
seat, Jodhpur passed in D.B. Civil Special
Appeal No.185/2001, Tara and Ors.
Vs. State of Rajasthan and Ors., on
15.07.2015. However, against that SLP is
pending before the Supreme Court.
Therefore, the parties will be governed by
the decision of Supreme Court. Till then,
status quo will be maintained by both the
sides. The parties will be covered by the
decision passed in SLP. The State
Government will take action only after the
SLP dismissed in favour of State
Government. Till then, no action will be
taken against the petitioners."
5. It is brought to the notice of this Court that in a similar
matter- D.B. Civil Writ Petition No.496/2002 decided on
23.03.2018, the Division Bench ordered that since decision dated
15.07.2015 is under scrutiny in SLP No.19894/2015 before the
Supreme Court, the parties will be governed by the decision
passed in SLP No.19894/2015 and the State Government will take
action only after the SLP dismissed in favour of the State
Government and till then no action will be taken against the
petitioner.
6. This Court in a similar matter- S.B. Civil Writ Petition
No.666/1986 decided 01.11.2022 has also observed that the issue
in regard to challenging the order dated 15.07.2015, SLP is
[2023:RJ-JP:30597] (4 of 4) [CW-14549/2021]
pending before the Supreme Court therefore, the parties shall
maintain the status quo and the State Government will be free to
take action in case SLP is dismissed in favour of the State
Government.
7. Taking into consideration the facts of the cases and the issue
involved therein and the orders of the Division Bench as well as
the Co-ordinate Bench, as referred above, this Court also disposes
the present writ petition observing that the parties will be
governed by the decision of the Hon'ble Supreme Court in SLP
No.19894/2015 filed against the order dated 15.07.2015 passed
in D.B. Appeal No.185/2001 Tara & 35 Ors Vs. State of Rajashtan
and Anr. and till then both the parties shall maintain the status
quo in regard to the land in question and the State Government
will be free to take action after dismissal of the appeal in favour of
the State Government.
8. All the parties shall be governed by the decision of the
Hon'ble Supreme Court in SLP No.19894/2015 and in case of any
difficulty, either party may move an appropriate application for
revival of the writ petition.
9. Accordingly, the present writ petition stand disposed of.
10. Since the main petition has been disposed of, all other
pending applications, if any, also stand disposed of.
(GANESH RAM MEENA),J
/333
Powered by TCPDF (www.tcpdf.org)
