- (1.) This petition is directed against order dated 26.12.94 of Board of Revenue Rajasthan, Ajmer, whereby while accepting the reference made by the Additional Collector, Jalore, under Section 82 of Rajasthan Land Revenue Act, 1956 (for short "the Act"), the khatedari rights over the land measuring 27.09 bighas comprising Khasra No.76 situated at Revenue Village-Sayla, District-Jalore, stands restored in the name of 'Doli Banam Mandir Shri Mahadeoji'.
(2.) The relevant facts are that Asha Bharti, Chela Alka Bharti, Mandir Math, made an application under Section 82 of the Act, stating that the land comprising Kharsa No.176, which was entered in the name of 'Doli Banam Mahadeoji Mandir Math BaEtmam Pujari' has wrongly been recorded in the name of Bhuria s/o Dharma Bhambhi, the petitioner herein as khatedar, whereas, he was cultivating the land as Hali. It was contended that the deity being perpetual minor, no khatedari rights can be granted to any person over the land belonging to deity. The application was allowed by the Additional Collector, Jalore, vide order dated 20.3.93 and the matter was referred to the Board of Revenue for directions to make necessary correction in the revenue record.
(3.) After due consideration of the rival submissions, the Board opined that even though the land in question was in doli of deity, since the idol is a perpetual minor, khatedari right cannot be granted to any person over such land. Accordingly, accepting the reference, the Board ordered that land should be restored back into the khatedari of deity. Hence, this petition.;