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1998 Supreme(SC) 1216

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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