extracts there is an entry that the lands are Devasthan lands and
therefore for the said transaction, sanction of Charity Commissioner is
required. The Petitioners ... Entry in 7/12 extracts of the subject land shows that the
lands are Devasthan lands and therefore unless permission
under section
Land Records Manual. Category VI relates to barren land that is an uncultivated land or Akrishak Bhumi which is further sub-divided as land covered ... other lands put to non-agricultural uses and land with which is otherwise barren. Category V as per Land Record Manual denotes cultivable land with
DATE : 17TH AUGUST, 2021.
ORDER :
. It is submitted that, the writ land is Devasthan Inam land.
The transaction entered into is transgress violation
person cultivating the tenanted land was
entitled with the sole right to inherit those tenanted lands
and this right of inheritance could not be availed ... with respect to
re-grant of Devasthan Inam Land, which is also one of the
suit schedule property. The Tribunal after recording the
evidence, passed
WP6763-2021
would submit that though the land was purchased by Shri Siddheshwar
Devasthan, it was purchased through Sarpanch Govind Vishnu Kulkarni.
Though by virtue ... Advocate
would further submit that when admittedly Shri Siddheshwar Devasthan is
the owner of the land, even it was not made a party
record any
document to substantiate that the writ land is a Devasthan Inam
Land. Moreover, in the order passed by the Sub Divisional Officer,
Nandurbar
Land Act 1948 all the tenant of Inam agricultural
land became the deemed owner of such the lands. Therefore, after enactment of
the Gujarat Devasthan ... land as Old Tenure land on the
basis of permanent farmer.
5.9 Thus, the tenancy right was converted into the ownership of the land
circular. In
the said circular, there was a restriction that the agricultural land
owned by religious institutions should not be leased out for a period ... occasion for interfering in the management of the holding/land
vesting in the Deity/Devasthan in any manner including the
grant of temporary leases
allowed."
Learned counsel for the petitioner has submitted that
the land of Khasra No.93 of village Pal measuring about 81 Bighas ... relying on the
orders passed by the Devasthan Department and the District
Collector has held that the land in question be recorded in the
name
Dattatraya Devasthan. He further argued that both
the applicants have moved the Collector, Hingoli for restoration of possession
to the Devasthan of the land which
