Hindu Deity Cannot Hold Land As 'Jagir' If Land Was Cultivated By Or Through Tenant: Rajasthan High Court

The Rajasthan High Court has affirmed that pursuant to the Rajasthan Land Reforms & Resumption of Jagir Act, 1952 (“the Act”), Hindu Idols (deity) could hold lands as Jagir only when such land was cultivated by the Shebait/Pujari for such deity either themselves or through hired labour or servant engaged by them so as to be protected from resumption/acquisition under the Act.

If the land was given for cultivation to a tenant or was cultivated through a tenant, it became khatedari of the tenant on which the tenant had direct relations with the state, the Court said.

The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas was hearing an appeal filed by a khatedar (tenant) on a land. A single judge directed striking off the name of the appellant from the land records and recording the name of Doli Banam Mandir Charbhujaji, which adversely affected the tenancy rights of the appellant. No reliefs were provided by the appellate authorities. Aggrieved by these appellate orders a petition was filed before the Court which was also dismissed. Hence, the present appeal was filed by the appellant.

Counsel for the appellant argued that the appellant was cultivating the land as a tenant, hence the legal consequences pursuant to the Act would be that the appellant would acquire the tenancy rights and would become khatedar. The counsel relied upon the full bench case of Tara & Ors. v State of Rajasthan & Anr. of the Court which considered the issue regarding the rights of the persons, who were cultivating land of deity as tenant.

“The Hindu idol (deity) could only hold such lands in Jagir, which Shebait/Pujari was cultivating for such deity, having direct nexus with agricultural operations either themselves or through hired labour or servant engaged by them as to claim to be khudkasht and to be protected from resumption/acquisition under the Jagirs Act of 1952. If the land was given for cultivation to a tenant or was cultivated through a tenant, such land became khatedari of the tenant and on which the tenant had direct relations with the State,” the Court said.

In light of this observation, the case ordered that in case where the land was cultivated by a tenant, the name of the Hindu idol (deity) had to be expunged from such land revenue records with Shebait/Pujari having no right to claim the land as khatedar.

On the other hand, the state argued that the revenue records unmistakenly showed that the appellant was engaged to carry out cultivation on behalf of the deity and not in his capacity independent of that. Hence, even after coming into force of the Act, such a person could not claim any khatedari/tenancy rights against the deity.

The Court perused the records and also the full bench decision of the Court, and agreed with the legal position settled in the case. In that light, the Court observed that an enquiry needed to be made, whether the appellant was cultivating the land in dispute as a tenant or as a person hired as a labourer or employed by Shebait/Pujari.

If it was found to be the former, he would acquire the status of a tenant. However, if it was the latter, then in such a case, he would not be entitled to be recorded as khatedar, it was held.

Accordingly, all the challenged orders were set aside and the sub-divisional officer was directed to conduct the inquiry.

Title: Joga Ram v the Board of Revenue of Rajasthan, Ajmer & Ors.

Citation: 2024 LiveLaw (Raj) 153

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