(1.) These appeals are directed against the order of the learned Single Judge dated 20.2.2001 passed in a batch of writ petitions being SBCW Petition No. 677/2001, 678;2001, 679/2001. 680/2001, 681/2001, 682/2001, 683/2001, 684/2001, 685/2001, 686/2001, 687/2001, 688/2001, 689/2001 and 690/2001.
(2.) The land in question, undoubtedly, belongs to Mandir Dhorimana. The land is an agricultural land and was transferred by the Pujari of the Mandir to the transferees. The transferees claim that they had constructed houses on the transferred land. It appears that the State took proceedings under section 90 of the Rajasthan Land Revenue Act, 1956 against the transferees for raising constructions over the land belonging to the deity. The transferees filed a joint representation to the concerned authorities, It seems that the representations did not have the desired effect. According to para 10 of the writ petition, the appellant, without deciding the representation, demolished the construction raised by the transferees. Aggrieved by the action taken by the appellants the transferees filed the aforesaid writ petitions.
(3.) The learned Single Judge. on consideration of the matter, came to the conclusion that the transferees purchased the land belonging to the deity and the Pujari had no authority to transfer the same The learned Single Judge was of the opinion that it was a settled legal proposition that the and of the deity cannot be transferred under any circumstances, as it is always to be considered as a minor. The learned Single Judge also observed that the land which is once traced to he belonging to the deity must be restored to the deity by the revenue authority and if there was any alienation by the Pujari or anybody else it has to be treated as void-a b initio. Having held that, the learned Single Judge considered the question of the transferees having constructed their houses over the land. The learned Single Judge on balancing the equities of the matter was of the view that it was desirable that 15 instead of dispossessing the transferees and demolishing their houses, their representation for giving equal area of land to the deity may be considered. Accordingly, the learned Single Judge disposed of the writ petitions with the request to the appellants to consider the representation of the transferees strictly in accordance with Section 48 of the Rajasthan Tenancy Act, 1955 and 20 pass appropriate order within a period of three months.