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2011 Supreme(Pat) 295
2012 (1) PLJR 619
PATNA HIGH COURT
Kishore K. Mandai, J.
Sri 108 Gopalji Isht Devta @ Sri Lalla Gopalji @ 108 Sri Lalla Sri Gopalji through Sewait Smt. Brinda Devi W/o late Babu Rukmini Raman of Singh, Village, P.O.- and P.S.-Riga in the district of Sitamarhi.
vs.
The State of Bihar & Ors. ...Respondents
CWJC No. 1892 of 2005
Decided on: 23.2.2011
For the Petitioner: Mr. K.N. Singh.
For the State : Mr. Ajay.
The main legal point established in the judgment is that an oral endowment according to Hindu Law is valid without a registered document, and each deity in the Hindu Pantheon is a separate legal entity capable of holding property independently.
Headnote:
Writ Petition - Land Ceiling Act - Section 11(1) - Summary of Acts and Sections: The court discussed the sustainability of orders dated 30.8.2001 (Annexure-7) passed by respondent No.3 in L.C. Case No. 6/1973-74, notification dated 20.9.2001 (Annexure-8) issued under Section 11(1) of the Land Ceiling Act, and order dated 2.2.2002 passed by respondent No. 2 in L.C. Appeal No. 8/2001 (Annexure-9). The court also considered the resolution of the respondent Additional Member, Board of Revenue dated 21.6.2004 (Annexure-10) passed in Revision Case No. 12/2002 and the dismissal of the application seeking review of the order dated 21.6.2004 (Annexure-11).
Fact of the Case:
The petitioner deity, through Sewait Smt. Brinda Devi, challenged the sustainability of orders related to the land held by the petitioner deity under the Land Ceiling Act. The petitioner claimed that the land was dedicated to the deity and sought exclusion from the ceiling proceedings.
Finding of the Court:
The court found that the authorities erred in rejecting the claim of dedication of land in favor of the petitioner deity. It held that the two deities, Sri Radha Krishan Jee and the petitioner deity, are separate legal entities capable of holding land independently.
Issues: The issues revolved around the validity of the dedication of land to the petitioner deity, the interpretation of Hindu Law regarding oral endowment, and the authority's consideration of relevant circumstances and materials.
Ratio Decidendi: The court emphasized that an oral endowment according to Hindu Law is not necessarily invalid in the absence of a registered document. It also highlighted the principle that each deity in the Hindu Pantheon is a separate juridical entity capable of holding property independently.
Final Decision: The court allowed the application, quashed and set aside the orders passed by the respondent Board of Revenue, and remitted the matter back to the appellate authority for fresh consideration.
Writ petition was filed by the petitioner deity through Sewait Smt. Brinda Devi W/o late Babu Rukmini Raman Singh. During the pendency of the application aforesaid, Brinda Devi (Sewait) died and an interlocutory application being I.A. No. 2836 of 2008 has been filed for substituting the name of Manoj Ranjan Singh son of Brinda Devi in place of original Sewait Smt. Brinda Devi (since dead). After hearing both the sides, the said application (I.A. No. 2836 of 2008) is allowed. Name of Smt. Brinda Devi as Sewait of petitioner deity is expunged. Manoj Ranjan Singh youngest son of late Brinda Devi is substituted in her place for the purpose of disposal of the present writ petition.
2. Petitioner has questioned sustainability of order dated 30.8.2001 (Annexure-7) passed by respondent No.3 in L.C. Case No. 6/1973-74 in so far as it relates to the land held by the petitioner deity. Notification dated 20.9.2001 (Annexure-8) issued under Section 11 (1) of the Land Ceiling Act (for short the Act) is also under challenge. Order dated 2.2.2002 passed by respondent No. 2 in L.C. Appeal No. 8/2001 (Annexure-9) affirming order of the original Court dated 30.8.2001 is also under challenge. Petitioner has also called in question resolution of the respondent Additional Member, Board of Revenue dated 21.6.2004 (Annexure-10) passed in Revision Case No. 12/2002. Application seeking review of order dated 21.6.2004 passed by respondent Additional Member, Board of Revenue was dismissed by order, dated 28.7.2004 (Annexure-11) which has also been impugned.
3. Background facts in a nutshell are as follows:-
Petitioner is a deity/lshta Devta of landholder Smt. Brinda Devi (since' deceased). According to the case of the landholder, Smt. Brinda Devi, the same was established in the residential house/ premise of the landholder on Khesra No. 9094, Khata No. 2506 located in Village Riga in the district of Sitamarhi. The genealogy of the family of landholder Brinda Devi (since deceased), widow of late Rukmini Raman Singh, has been set out in paragraph No. 3 of the writ petition. According to the landholder, a partition had taken place in the family well before 1959 and a memorandum of partition was drawn up and each member of the family was allotted share in lands. The said memorandum also set out details of properties dedicated to different deities viz. Sri Laxmi Mahamaya Jee, Sri Sitaram Shaligram Jee, Sri Radha Krishan Jee. Later, a dispute arose in the family and one Nalini Ranjan Singh (one of the sons of Rukmini Raman Singh) instituted a Title Suit being Title (Partition) Suit No. 45 of 1956 against his father and other coparceners. On 28.6.1956, the said suit ended in a compromise in terms whereof a decree was passed wherein 1/5th share in the property of the family was/were allotted to late Rukmini Raman Singh, Brinda Devi, W/o late Rukmini Raman Singh, plaintiff Nalini Ranjan Singh, Rajni Ranjan Singh and Rajiv Ranjan Singh. Brinda Devi thus became a raiyat in her own right and landholder within the provisions of the Act. Out of her own share aforesaid, •Smt. Brinda Devi made oral "Samarpannama" of 39.84 acres of land in favour of her Ishta Devta, the petitioner deity, on 16.8.1958. She became Sewait of the deity. Deity was put in actual possession of the subject land. In the year 1962, Mutation application filed on behalf of the petitioner deity was allowed and Jamabandi No. 4691 was created followed by issuance of rent receipts (Annexures-1 and 1/2). However, lands of deity continued to be recorded in the name of Sewait Smt. Brinda Devi during the Revisional Survey operations which was made final in 1967-68. This necessitated execution of a deed of Ladavi (Annexure-2) on 4.9.1970 by Smt. Brinda Devi in favour of petitioner deity for 39.84 acres of land in order to allay any misgivings or future claim. Agricultural Income Tax returns were filed, on notice, in the name of petitioner deity for the period 1963-64. The assessment order was passed by the
