1 S.B. CIVIL WRIT PETITION NO.7796/2007 (Dinesh Kumar Chopara Vs. State of Rajasthan & Anr.) Date of order :: 03.03.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.M.R. Choudhary, for the petitioner. Mr.O.P. Boob, Addl. Govt. Advocate. Heard learned counsel for the parties. By way of filing the present writ petition, the petitioner has prayed for quashing of order dated 6.3.2003 Annexure-4 passed by Devasthan Department and for issuing directions to the respondents that to remute the aforesaid land in the name of the petitioner cancelling the entry of mutation No.2547 by which the land of Khasra No.1207 measuring 21 bigha and 12 bishwa situated at revenue village Phalodi, Patwar Area Phalodi, R.I. Circle Meta Road, Tehsil Merta, District Nagour has been recorded in the name of Doli Banam Mandir Shri Mataji in Jamabandhi Samwat 2053 to 2056. The main contention of the learned counsel for the petitioner is that on the basis of an order passed by State 2 Government, the local authorities have straightaway changed the revenue record without affording any opportunity of hearing to petitioner. In para No.10 of the writ petition, it is specifically stated by the petitioner that the respondent Devasthan Department has no authority to revoke the previous order as khatedari and possessory rights cannot be changed by the impugned order Annexure-4 dated 6.3.2003 without giving an opportunity of hearing to the petitioner. Learned counsel for the petitioner has invited the attention of this Court towards the judgment dated 20.10.2003 passed in bunch of writ petitions, headed by SB Civil Writ Petition No.5345/2003 whereby 61 writ petitions were decided and an order was made which reads as under : “In this view of the matter, the order of correction of entries is set aside and the parties are relegated to the concerned Tehsildar. There the petitioners will be heard and the petitioners will be permitted to raise all legitimate objections. In the light of the objections and directives of Law, the matter will be decided objectively by the concerned Tehsildar. The parties will appear before the concerned Tehsildar on 10.11.2003 for representing their case.” In the aforesaid circumstances, I deem it just and 3 proper to quash the correction of entries made in Annexure-1 and remit the case to the Tehsildar, Merta with a direction that if any correction is made in the revenue record, then, the same may be made after providing opportunity of hearing to the petitioner within a period of one month from receipt of certified copy of this order. The petitioner undertakes that he will appear before the Tehsildar, Merta on 27.3.2008. On that date, the Tehsildar concerned may provide opportunity of hearing to the petitioner and pass appropriate orders after taking into account the grounds taken by the petitioner, if any, by way of filing representation. With the aforesaid observations/directions, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/-