land' or acquisition of title by adverse possession. It
was averred that ''The disputed land'' belongs to 'Devasthan ... well established that
'The disputed land' was recorded as 'Mufai Devasthan' and that a
'Math', a 'Chhatri
Learned Tahsildar failed to consider that the suit
lands were and are Devasthan property and as such their
Vahiwatdar thereof viz; Smt. Krishnabai Vishnu Fulbadve ... Lands Act, 1948 was null
and void;
(f) The learned Tahsildar failed to consider that since the
ownership vested in deity and since the Devasthan
provisions of the Land Acquisition Act, 1894 ('the Act') and there
is no specific direction against the appellant-Devasthan
Department to make payment ... appellant-Department was party before the Land
Acquisition Officer, however, while passing the award, the Land
Acquisition Officer by hand added the appellant-Department,
which
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No(s).3532 OF 2008
CHANDRESHWAR BHUTHNATH DEVASTHAN Appellant(s)
VERSUS
BABOY MATIRAM VARENKAR Respondent ... Property was known as “Sainolem” which
2
was predominantly paddy land in hilly tract.
Devasthan had illegally created obstruction. The
defendant filed its written statement
petitioner that since then, he is
in possession of the said agricultural land and has
been paying revenue assessment etc., and that ... 13186/2008 CAV JUDGMENT
3.1 As per the facts pleaded, the land in
question was occupied and cultivated by one Ramangiri
who was a Pujari
land bearing Survey
No.133 was owned by the Swami Narayan Temple. One
Kamabhai Akhibhai was a protected tenant of the land bearing
Survey ... Devasthan Inam Abolition Act, 1969 ,
the exemption granted to the public religious institutions came
to be revoked and the land in question became subject
namely State of Rajasthan, Commissioner
2
Devasthan and Assistant Commissioner, Devasthan from creating
and registering the Trust under the Public Trust Act, 2001
(hereinafter referred ... ownership of
the land of the plaintiffs is concerned, without going into the title
and ownership of the land, suffice it to observe that looking
Rajasthan through the Secretary, Department of
Devasthan, Government of Rajasthan, Jaipur.
2. The District Collector, Rajsamand.
3. The Land Acquisition Officer (Sub Divisional Officer),
Nathdwara
Reference
to the Code in Section 2(1)(e) pertains to
Bombay Land Revenue Code, 1879 (Bombay V of
1879).
17. Learned Senior Counsel ... villages are hereby
resumed and all lands in such villages
shall be liable to the payment of land
revenue in accordance with the provisions
petitioners has
relied upon the opinion of the Apex Court of the land in the case of
Kalabharati Advisetising Vs. Hemant Vimalnath Narichania ... validly constituted meeting as projected
by the petitioners before the Assistant Commissioner, Devasthan,
Jaipur, for notices for the meeting held on 2nd February, 2015,
were