GAURI SHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGRICULTURAL land comprising of Khasra No. 156, 157, 158, 163, 164, 165, 166 and well No. 162 was maufi land of Thakur Shri Gopal through Pujari Shri Hari Vallabh Das. The Maufi land was resumed under the Land Reforms and Resumption of Jagir Act and the land had vested in the State. Under the Act, Mafidars were to get compensation of the resumed land as per the principles laid down in the Act and the Rules itself.

(2.) IT is the case of the petitioners that they were the purchasers of the resumed land from Smt. Bhuri who according to the petitioners was tenant of the land. IT is stated that deity-respondent No. 4 was land holder and disputed land was not in Khud-Kast of the land holder. Smt. Bhuri a recorded tenant of land holder is said to have sold her Khatedari tenant rights to the petitioners vide registered sale-deed in July, 1968. Mutation was also done in favour of the petitioner Gaurishankar on 28. 2. 69 and thereafter, the petitioner was recorded as Khatedar tenant. They are in possession since 1968, it is so alleged. IT is the contention of the petitioner that despite the fact that compensation had been taken by respondent No. 4 at the time of resumption of maufi, but still in the year 1984, an application was made before the Collector, Jaipur to the effect that the land in question was belonging to Bhog of Thakurji and that name of petitioner had been wrongly recorded in the Revenue Record in the name of respondents and prayed for correction of the record. Notice was issued to the petitioner under Section 82 of the Rajasthan Land Revenue Act which was replied to. IT was stated in the reply that Bhuri was recorded as tenant in Samvat year 2008 onwards. The Additional Collector had held that Bhuri could not acquire Khatedari right under Section 19 of the Rajasthan Tenancy Act and, therefore, transfer of land made by her in favour of the petitioners was illegal and, therefore, had made a reference to the Board of Revenue for cancellation of the mutation on 2. 11. 85 vide Annex. 6.

(3.) IN the reply filed on behalf of the respondents, it is submitted that in the Jamabandi from samvat year 2009 to 2012, name of Gyarsi S/o Shankar is recorded in column No. 5 as sub-tenant and petitioners have been wrongly entered as khatedars and that idol being perpetual minor, no rights could accrue to any sub-tenant.