Jaishree Thakur, J. - (1.) THE present Special Appeal has been filed under Rule 134 of the Rajasthan High Court Rules, 1952 read with Article 225 of the Constitution of India to challenge the order dated 9.2.2011 dismissing the writ petition of the appellant.
(2.) IN brief one Sh. Santa Singh was a Granthi and attached to the Gurudwara at Bikaner. Being a Granthi of the Gurudwara, the land in Chak No. 28 -BB was allotted to him on the basis of a Notification that came to be issued on 5.6.1965 wherein it was decided that "the present Kotwals, Tarkhans, Nais, Pujari, Granthis and Molvis, if any, of the Ganganagar District who hold village service grants or muafi lands may now be notified that their services are no longer require and if they wish to secure khatedari rights in respect of the lands held by them in lieu of these village services, they will have to pay - Necessary action may please be taken accordingly." Pursuant thereto, a Notification dated 30.4.1966 was issued directing the concerned Kotwals, Parkhans, Nais, Pujari, Granthis and Molvis to apply to their concerned Sub Divisional Officer within thirty days from the issuance of the Notification for obtaining khatedari rights in accordance with the instructions of the Government. Sh. Santa Singh applied and was allotted the land and, thereafter the appellant purchased the land in dispute from Santa Singh by way of agreement to sell dated 7.12.1973. The appellant filed a suit for specific performance of the contract and the same was decreed by the court by a judgment and decree dated 23.8.1994 and as a consequence thereto a sale deed was executed between the parties on 9.1.1995. The respondent Gurudwara filed suit to challenge the decree dated 23.8.1994 and the sale deed executed which was allowed on 16.2.2006. Against the said cancellation a suit has been filed for cancellation of the decree which is still pending. The respondent Gurudwara also filed a petition against Sh. Santa Singh under section 183 of the Rajasthan Tenancy Act 1955 which was decreed. The settlement department made entries for the year Samvant 2026 (corresponding to year 1969) in the revenue record in favour of Sh. Santa Singh who had obtained khatedari rights by the order of the Sub Divisional Officer on 26.5.1967. An application was moved under Section 136 of the Rajasthan Land Revenue Act, 1956 to the District Collector, Sri Ganganagar for the corrections of the revenue entries, which was allowed on 13.2.2006 holding that the entries made in Samvat Years 2026 to 2035 in the name of Gurudwara would be changed in favour of Santa Singh s/o Dhanna Singh. On appeal, the Additional Divisional Commissioner Bikaner reversed the order dated 22.12.2010 and it was held that name of Gurudwara would continue to stand reflected in the revenue records. The appeal was dismissed by the Assistant Divisional Commissioner Bikaner relying upon a suit filed by the Managing Committee of the Gurudwara against Sh. Santa Singh which was allowed on 16.2.2005. The learned Single Judge upheld the order passed by the Additional Divisional Commissioner while deciding that the name of Sh Santa Singh was entered into the revenue records as granthi of the Gurudwara and the land belonging to a perpetual minor could not have been transferred to anybody else and dismissed the writ petition in limine. Aggrieved against the said order of dismissal, the present appeal has been preferred.
(3.) MR . H.R. Chawla, Advocate appearing for the appellant has argued that the learned Additional Divisional Commissioner has erred in treating the appellant as a trespasser while relying upon the judgment and decree passed by the Sub Divisional Officer, Karanpur in the suit filed by Gurudwara Managing Committee. It is contended that the suit filed by the Gurudwara was for possession and was not a suit for declaration of rights. The appellant had filed a suit for specific performance of an agreement to sell entered into with Sh. Santa Singh and the same was decreed in his favour as far back as 23.8.1994. The Gurudwara had also filed a complaint against Sh. Santa Singh on the ground of him being a trespasser and the complaint was rejected by the Additional District Magistrate(Vigilance) vide order dated 29.10.1994. Reliance has also been place upon a judgment reported as Swaranjeet Singh v. State of Rajasthan reported as, 2005(10) RDD 4574 to contend that once land had been allotted to a village servant pursuant to the letter dated 5.6.1965 and notification dated 3.4.1966 kahtedari rights would vest with the allottee and not the Gurudwara.;