In a significant ruling, the Rajasthan High Court has clarified the rights of Hindu deities over Jagir lands under the Rajasthan Land Reforms & Resumption of Jagir Act, 1952. The Division Bench comprising Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas delivered this judgment in the case of Joga Ram v. The Board of Revenue of Rajasthan, Ajmer & Ors. (D.B. Spl. Appl. Writ No. 59/2024).
Background of the Case
The case revolves around a land dispute in village Narlai, Tehsil Desuri, district Pali, Rajasthan. The appellant, Joga Ram, claimed tenancy rights over land recorded in the name of Doli Banam Mandir Charbhujaji (a deity). The Sub-Divisional Officer had previously ordered the land to be recorded in the deity’s name, striking off Joga Ram’s name as Khatedar (tenant). This decision was upheld by various revenue authorities and a Single Judge of the High Court, leading to the present appeal.
Key Legal Issues
The primary legal question before the court was whether a Hindu deity could continue to hold Jagir lands cultivated by tenants after the enactment of the Rajasthan Land Reforms & Resumption of Jagir Act, 1952. The court had to determine the rights of tenants cultivating such lands vis-ร -vis the deity’s claim.
Court’s Decision and Observations
The Division Bench, relying heavily on the Full Bench decision in Tara & 35 Ors. v. State of Rajasthan & Anr. [2015(3) WLC (Raj.) 548], made the following key observations:
1. Hindu deities can only hold Jagir lands that are directly cultivated by their Shebait/Pujari or through hired labor engaged by them. The court stated:
“The Hindu idol (deity) could only hold such lands in Jagir, which Shebait/Pujari was cultivating for such deity, having direct nexus with the agricultural operations either themselves or through hired labour or servant engaged by them so as to claim to be Khudkasht and to be protected from resumption/acquisition under the Jagirs Act of 1952”.
2. If the land was given for cultivation to a tenant, such land would become Khatedari of the tenant after the 1952 Act. The court observed:
“If the land was given for cultivation to a tenant or was cultivated through a tenant, such land become Khatedari of the tenant and on which the tenant had direct relations with the State”.
3. The 1952 Act took away all rights of Jagirdars, including Hindu deities, over lands cultivated by tenants. The court noted:
“The Jagirs Act of 1952 took away all the rights of the Jagirdars including Hindu Idol (deity) as Dolidar or Muafidar on the land cultivated by the tenants. They ceased to have any right on such land”.
Court’s Decision
The High Court set aside the orders of the Single Judge and revenue authorities. It directed the Sub-Divisional Officer, Bali, to conduct a fresh enquiry to determine whether Joga Ram was cultivating the land as a tenant or as a hired laborer/employee of the Shebait/Pujari at the time of Jagir resumption under the 1952 Act.
The court emphasized that if Joga Ram was found to be cultivating as a tenant, he would acquire the status of a Khatedar tenant. However, if he was a Shebait, Pujari, or hired laborer, he would not be entitled to Khatedari rights.
Also Read
The parties were directed to appear before the Sub-Divisional Officer on August 5, 2024, with the enquiry to be completed preferably within four months.
Mr. J.L. Purohit, Senior Advocate, assisted by Mr. Shashank Joshi and Mr. R.S. Bohra, represented the appellant. Mr. SS Ladrecha, AAG, Mr. Kshitij Vyas, and Mr. Deepak Suthar appeared for the respondents.
