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1988 Supreme(Ori) 32

G.B.PATTANAIK, LINGARAJA RATH
DOLAGOVINDA SETHI – Appellant
Versus
KANIKA MUSEUM – Respondent


Advocates Appeared:
M.N.DASGUPTA, S.Mishra

L. RATH. J.

( 1 ) THESE two applications under Arts. 226 and 227 of the Constitution of India seek quashing of the orders passed by the Tribunal constituted under S. 57-A of the Orissa Land Reforms Act, 1960 (Act 16 of 1960) declaring the Kanika Museum and the Rajendranarayan Botanical Garden, the opposite party No. 1 respectively in each of the cases, as charitable trusts of public nature with Raja Sailendranarayan Bhanja Deo as the trustee under S. 2 (24) (e) of the said Act and the properties claimed under each of the respective trusts as trust properties. So far as O. J. C. No. 150/81 is concerned, the facts are that an application was filed by the opposite party No. 1 through Raja Sailendranarayan Bhanja Deo, since substituted by opposite parties 1 (a) to 1 (c), before the Tribunal-cum-Subordinate Judge seeking declaration as trustee-holder of a religious/charitable trust of a public nature. In an accompanying statement to the application giving short history of the creation of the trust, the opposite party No. 1 contended that the applicant Sailendranarayan Bhanja Deo and his father late Rajendranarayan Bhanja Deo being very much interested in studying the various intellectu















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