JUDGMENT

SHARMA, J. :— The question which arises in this appeal by special leave from the decision of the Orissa High Court in a writ case is whether the "estate" of Lord Jagannath has vested in the State of Orissa as a result of the notification dated 18-3-1974 issued under S. 3-A of the Orissa Estates Abolition Act, 1951 (hereinafter referred to as the Act) or the said notification is ultra vires and fit to be quashed.

2. The writ petition in the High Court was filed by a number of persons claiming to be Sevaks and worshippers of Lord Jagannath, the presiding deity of the famous Jagannath temple .The management of the temple and the properties including the intermediary interest is in the hands of a trust which was imploded as a respondent in the case. Besides,the State of Orissa and Collector, Puri, the Administrator, Jagannath temple, the Jagannath Committee were also made parties. They, however, do not support the writ petitioners and agree with the State that the "estate" has vested under the impugned notification.

3. The Act was passed in 1952 for the purpose of abolishing all the rights in land of intermediaries between the raiyats and the State of Orissa by whatever name known and for vesting the same in the State. Section 3 authorises the State Government to declare by a notification any estate specified therein to have passed to and become vested in the State. The result of such a notification is dealt with in S.5. In substance the intermediary concerned is divested of the notified interests and becomes entitled to compensation to be computed in the manner indicated in the Act. By an amendment S. 3A was included in the Act permitting the State Government to issue a single notification in respect of a class or classes of intermediaries in the whole or a part of the State. By a further amendment in 1963 Chapter II-A was inserted in the Act, making special provisions for public trusts. Clause (e) of S. 13-A described "trust estate" as an estate the whole of the net income whereof is dedicated exclusively to charitable or religious purposes. Admittedly the estate belonging to Lord Jagannath is included in the expression "trust estate". Provisions were made in Chapter IIA for entertaining claims and determining nature of the estates claimed to be trust estates and announcing the decision by notification. The effect of such a determination was as mentioned in S. 13-I(1) to save the estate from vesting under a notification issued under S. 3 or 3-A.

4. A notification under S. 3 of the Act was issued in respect to the estate of Lord Jagannath on 27-4-1963 and on the same date another notification under Chapter II-A followed declaring the estate as trust estate. Consequently the deity was not divested of the estate. In 1970 Chapter II-A was repealed In 1974 the Act was further amended and -"trust estate" which was not included in the definition section of the original Act was defined in clause (oo) in the following terms (excluding the Explanation which is not relevant for the present case) :-

"(oo) trust estate means an estate the whole of the net income whereof under any trust or other legal obligation has been dedicated exclusively to charitable or religious purposes of a public nature without any reservation of pecuniary benefit to any individual :

Provided that all estates belonging to the Temple of Lord Jagannath at Puri within the meaning of the Shri Jagannath Temple Act, 1955 and all estates declared to be trust estates by a competent authority under this Act prior to the date of coming into force of the Orissa Estates Abolition (Amendment) Act, 1970, shall be deemed to be trust estates."

On 18-3-1974 the impugned notification under S. 3-A, as quoted below, was issued:-

"The 18th March 1974

S. R. O. No. 184/74- In exercise of the powers conferred by sub-section (1) of section 3-A of the Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952), the State Government do hereby declare that -

(i) the intermediary interests of all