Religious dispute on area of land

566 votes

You have not written that how a trust has it's right on to that land apart from this if trust has any tenancy rights? you need to give answers first of these two questions apparently it appears that since puja is being performed since long unless government by it's common order that too in form of Bill /Legislation bring about some change then only some interference of a new trust can be predictable otherwise query is not pragmatic.

Advocate Devesh Tripathi LawRato

774 votes

Detail of situation must required analysis of the situation. Here are the reference case it should be useful for you. case is about : Tara & Ors. vs State Of Rajasthan & Anr. on 15 July, 2015. Here are the brief of case.
"(i) Whether the land held in Jagir, by Hindu Idol (deity) as Dolidar or Muafidar cultivated by a person other than the Shebait/Pujari of the deity or by hired labour or servants engaged by its Shebait/Pujari as a tenant of the deity, such idol being treated as a perpetual minor, will still be regarded as land held in the personal cultivation of the deity or will such land be regarded as held in the tenancy by the person cultivating such land as tenant of a deity?

(ii) What are the rights of the Hindu Idol (deity) in the lands held by them in the name of its Shebaits/Pujari on the date of resumption of such Jagir, under the provisions of the Rajasthan Land Reforms & Resumption of Jagir Act, 1952?

(iii) Whether such a Jagir land/Muafi held by the Shebait/Pujari of Hindu Idol (deity) in their name after the date of resumption of the Jagir (Muafi) can be alienated by them? If so, what is the effect?

(iv) Whether any person can acquire right by adverse possession in the lands of aforesaid nature against the holder?

(v) Whether any time limit can be fixed for reference u/s 82 of the Rajasthan Land Revenue Act, 1956 and u/s.232 of the Rajasthan Tenancy Act, 1955 in respect of the land held by a Hindu Idol (deity). If so, to what extent?"

Advocate Hemant Kumar Joshi LawRato