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2012 Supreme(Ori) 216

B.P.DAS, B.K.NAYAK
Bharat Bihari Mishra – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For Petitioners: M/s. B. Routray. A. K. Baral, B. Singh, P. K. Das, D. K. Mohapatra, B. N. Satpathy and B. B. Routray
For Opp. Parties : M/s. A. R. Dash, N. Lenka and . N. Das (for opposite party No.4), Dr. A. K. Rath (for Commissioner Endowments)

JUDGMENT

B.K. NAYAK, J.

The petitioners in this writ application challenge the legality and propriety of the order dated 25.04.1998 (Annexure-8) passed by the learned Additional District Magistrate, Khurda in O.E.A. Appeal No.3 of 1993.

2. The facts of the case, as averred in the writ application are that the petitioners late father Brajabehari Mishra and late mother Arnapurna Mishra jointly applied to opposite party No.4-deity, Lord Lingaraj Mahaprabhu through its Trust Board for permanent lease of the disputed land and paid the salami on 10.08.1954. Since the property in question was the Trust Estate of the deity, the Commissioner of Endowments accorded permission for permanent lease of the land under Section 19 of the Orissa Hindu Religious Endowments Act, 1951 (in short 'OHRE Act'), as per order No.403/986 P (J) dated 16.08.1955 in O.A. No. 106 of 195253. Since then the petitioners' parents were in possession of the land and paying rent to the temple authorities till vesting of the Trust estate of the deity in 1974 in the State Government under Section-3-A (1) of the Orissa Estates Abolition Act, 1951 (in short 'O.E.A. Act'). On vesting of the estate the parents of the petitioner


























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