O.J.C. No. 17767 of 1997. Case: Lingaraj Mahaprabhu Bije Vs Bipra Charan Senapati. High Court of Orissa (India)
| Case Number | O.J.C. No. 17767 of 1997 |
| Counsel | For Appellant: A.R. Dash, N. Lenka and N. Das,Advs. and For Respondents: D.P. Mohanty, Additional Govt. Advocate, B.H. Mohanty, S.C. Mohanty, B. Das and R.K. Nayak,Advs. |
| Judges | B.K. Nayak, J. |
| Issue | Orissa Estates Abolition Act, 1951 - Sections 3, 38B, 6, 7, 8, 8(1), 9; Orissa Hindu Religious Endowments Act, 1951 - Section 19; Orissa Survey And Settlement Act, 1958 - Section 32; Transfer of Property Act, 1882 - Section 107 |
| Citation | 2014 (118) CLT 1130 |
| Judgement Date | September 29, 2014 |
| Court | High Court of Orissa (India) |
Judgment:
B.K. Nayak, J.
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The Petitioner, Lord Lingaraj Mahaprabhu Bije, Bhubaneswar through its Executive Officer, has filed this writ application for declaring the order dated 29.06.1984 (Annexure-5) passed by the Member, Board of Revenue, Orissa in O.E.A. Revision Case No. 97 of 1982 as without jurisdiction & not binding on the Petitioner & further to quash the order dated 30.04.1990 (Annexure-6) passed by the Commissioner, Land Records & Settlement, Orissa, Cuttack in R.P. Case No. 3106 of 1988 under Section 32 of the Orissa Survey & Settlement Act. The disputed land measuring Ac.0.100 out of Ac.0.220 appertains to Sabik Plot No. 2115 under Sabik Khata No. 6 of Mouza-Badagarh, Bhubaneswar. It is the case of the Petitioner that the land in question is the Nijdakhali land of the Petitioner known as Mandirahata with Kisam Rasta (Ratha Danda), which is meant for moving & parking of the holy chariot of Lord Lingaraj. After abolition of the Estates under the Orissa Estates Abolition Act (in short the 'O.E.A.' Act), the Petitioner-deity filed application under Sections 6 & 7 of the said Act for settlement of the Nijdakhali land including the present disputed land in its favour, which was registered as O.E.A. Case No. 378 (T) of 1974 before the O.E.A. Collector-cum-Tahasildar, Bhubaneswar. By order dated 04.11.1980 (Annexure-1) after due publication of notice, the land was settled in favour of the deity by the Tahasildar. In the year 1984, a suo motu revision was registered as O.E.A. Revision Case No. 77 of 1984 before the Member, Board of Revenue, Orissa, Cuttack challenging the order of settlement under Annexure-1 on the application filed by one Candrika Patnaik & others. The said revision was dismissed by the Member, Board of Revenue by Older dated 12.05.1987 (Annexure 2).
It is the further case of the Petitioner that the present Opp. Party No. 1 (since deceased & substituted by his L.Rs.) claims that in Original Proceeding No. 905 of 1970, the Commissioner of Endowments, Orissa, Bhubaneswar granted permission under Section 19 of the Orissa Hindu Religious Endowments Act, 1951 (in short the 'O.H.R.E.' Act) for leasing out the disputed land in favour of Opp. Party No. 1 & that in pursuance of such sanction order, Opp. Party No. 1 deposited salami & purchased stamp papers for execution & registration of the lease deed & that the Executive Officer of the Petitioner-deity granted ownership certificate & made Over possession of the land in favour of Opp. Party No,. 1 & that since then the latter continued to possess the land & was paying rent to the temple administration. With such claim, Opp. Party No. 1 filed application under Sections 6 & 7 of the O.E.A. Act for settlement of the land in his favour, which was registered as O.E.A. Case No. 57 of 1980 before the Tahasildar, Bhubaneswar, but in view of the orders already passed by the Tahasildar in favour of the Petitioner-deity in O.E.A. Case No. 378 (T) of 1974 as per Annexure-1, the application for settlement filed by Opp. Party No. 1 was rejected by order dated 02.07.1981 (Annexure-3). Challenging the said rejection order, Op. Party No. 1 preferred O.E.A. Appeal No. 11 of 1981 before the Additional District Magistrate, Bhubaneswar, which was dismissed by the Appellate authority by order dated 15.04.1982 as at Annexure-4. Aggrieved by the said Appellate order, Opp. Party No. 1 initiated a revision, registered as O.E.A. Case No. 97 of 1982 u/s. 38-B of the O.E.A. Act before the Member, Board of Revenue, Orissa. By order dated 29.06.1984 (Annexure-5), the Member, Board of Revenue allowed the said revision & set aside the settlement of the land made in favour of the Petitioner-deity in O.E.A. Case No. 378 (T) of 1974 holding that the deity had committed to sell the land in favour of Opp. Party No. 1 & accordingly the Endowments Commissioner granted permission & that the deity has accepted the salami & rent &, therefore, it cannot be said that tenancy right has not been created & that obviously possession of the land was with Opp. Party No. 1 (revision Petitioner) & not with the deity on the date of vesting, as reported by the Revenue Inspector.
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It is stated by the Petitioner that it was resolved by the Deity's Trust Board to challenge the order passed by the Member, Board of Revenue under Annexure-1 after obtaining the certified copy of the order, but it could not be challenged immediately because of management problems of the temple arising out of intra-Board dissension & further because settlement operation under the Orissa Survey & Settlement Act had already been started & it was bonafidely believed to seek remedy in the settlement forum.
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During the course of settlement operation draft R.O.R. in respect of the disputed land was prepared in the name of the Petitioner deity. Opp. Party No. 1 filed objection under the Orissa Survey & Settlement Act (in short the 'O.S. & S.' Act) on the basis of the order passed by the Member, Board of Revenue under Annexure-5. The Assistant Settlement Officer after due field enquiry found possession with the Petitioner &, therefore, rejected the objection filed by Opp. Party No. 1. Thereafter, Opp. Party No. 1 assailed the said rejection order in Settlement Appeal No. 310 of 1986, which was also dismissed by order dated 28.04.1988. Being aggrieved by such Appellate order, Opp. Party No. 1 filed a revision under Section 32 of the O.S. & S. Act before the Commissioner, Land Records, Settlement, Orissa, which was registered as R.P. Case No. 3016 of 1988. By the impugned order...
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