PREM BALLABH SHEBAIT Vs. BOARD OF REVENUERAJASTHAN
HIGH COURT OF RAJASTHAN
PREM BALLABH SHEBAIT
BOARD OF REVENUE, RAJASTHAN
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Jagat Narayan, J. -
(1.)This petition was referred for decision to a Full Bench along with D. B. Civil Writ Petition No. 187/56 (Jai Singh v. Sobhag Singh and others) as some common important questions of law arose in them. As however the facts in the two cases were different the two cases were dealt with separately. The connected writ petition was disposed of on 8-11-1960.
(2.)This writ petition is directed against an order of the Board of Revenue dated 19-12-56 refusing to sanction Matmi in favour of Prem Ballabh petitioner on the basis of his adoption by Radha Ballabh who died on 20-10-50.
(3.)Radha Ballabh was the Shebait of the Temple of Thakurji Shri Vijay Gopalji situated in Johari Bazar Jaipur for the Sewa Puja of which Muati land had been granted by the Rulers of Alwar and Jaipur respectively. Radha Ballabh adopted Prem Ballabh on 10-12-41. After the death of Radha Ballabh he applied for Matmi over the Muafi land situated in the two districts. His application was opposed by the other collaterals of Radha Ballabh on the ground that his adoption had not been recognised for purposes of succession by the Rulers of Alwar and Jaipur respectively in accordance with the provisions of the Alwar Muafi Rules 1939 and the Jaipur Matmi Rules 1945. Before final orders were passed in the case the Rajasthan Jagir Decisions and Proceedings (Validation) Act 1955 came into force under which the Board of Revenue was the competent authority to decide the case. The Commissioner of Jaipur accordingly made a recommendation to the Board of Revenue that Matmi be sanctioned in favour of Prem Ballabh petitioner on the basis of his adoption. This recommendation was not accepted by them on the ground that the adoption had not been recognised by the Rulers of Alwar and Jaipur.
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