G.B.PATTANAIK, SUJATA V.MANOHAR
Raghunathe Jew At Bhapur – Appellant
Versus
State Of Orissa – Respondent
Judgment
Pattanaik, J.-The appellant is a public deity and in this appeal the Judgment dated 13.11.92 of the Orissa High Court in Original Jurisdiction Case No. 2030 of 1987 is being challenged. The deity and the properties attached to it situate in the District of Dhenkanal, which was earlier a princely state and it became a part of State of Orissa after its merger in 1948. Under the provisions of Orissa Estate Abolition Act, 1952 (hereinafter referred to as ‘the Act’) a notification was issued by the Government of Orissa in Revenue Department on 27.2.68, declaring that the intermediary interests of Debottar Lakhraj’s land in the District of Dhenkanal became vested in the State free from all encumbrances. In accordance with the provisions contained in the Act, it is the case of the appellant that on behalf of the deity, an application was made before the tribunal and the tribunal declared the deity as a ‘trust estate’. On 18th of March, 1974, in exercise of powers conferred under sub-section (1) of Section 3-A of the Act, the State Government issued another notification, declaring that (i) the intermediary interests of all intermediaries whose estate have been declared as trus
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