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HIGH COURT OF ORISSA
I. MAHANTY AND B. N. MAHAPATRA, JJ.
Chittaranjan Sahoo
Smt. Bimala Kabi Satapathy – Petitioners
Versus
Collector, Khurda and others (In both the cases) – Opp. Parties
W.P. (C) Nos. 13689 of 2009 and 1770 of 2012
Decided on: 9th January, 2014
2. LANDS - Bebandobasta status of Lord Lingaraj Sevayats have no right in the land other than to possess the land as long as they render specific services - The sevayats, therefore had/have no alienable right in the suit lands. (Para - 18)
3. DEITY - Lands belonging to the deity cannot be subjected to alienation in violation of statutory requirement.
Deity is a juristic perpetual minor/and disabled person, and the property belonging to a minor and/or a person incapable to cultivate the holding by reason of physical disability or infirmity requires protection. A deity is covered under both the classes. The manager/trustee/pujari and ultimately the State authorities are under obligation to protect the interest of such a minor or physically disabled person. The deity cannot be divested of any title or rights of immovable property in violation of the statutory provisions. The object is laudable and based on public policy. In order to protect its interest even a worshiper having no interest in the property may approach the authority or Court.
As a general proposition of law, if any person claims to have acquired any kind of right in the property belonging to the deity, the transaction is required to be ignored being illegal and the deity becomes entitled to recover the possession as well as the right, title and interest in the property. (Paras - 20 to 22)
4. ORISSA HINDU RELIGIOUS ENDOWMENTS ACT, 1951 - Sec. 19 - Without prior sanction by the Commissioner of Endowment, sale of the land belonging to the deity is expressly barred under the section - Such sanction can be accorded when such sale is necessary and beneficial to the institution - Provisions are mandatory in nature and any alienation made in contravention of the provisions is void. (Para - 19)
JUDGMENT :
B.N. MAHAPATRA, J. - In both the writ petitions, the petitioners have challenged the order dated 03.08.2009 (Annexure-8) passed by the Member, Board of Revenue, Odisha, Cuttack in O.E.A. Revision No.226 of 2001 setting aside the order dated 31.03.1997 (Annexure-2) passed by the Additional Tahasildar, Bhubaneswar in Bebandobasta Case No.1 of 1997.
2. Petitioner's case in a nut-shell is that the entire suit land appertaining to Khata No. 68, Chaka No. 35, bearing Plot Nos. 58 and 93, area Ac 4.481 and Ac. 0.312 totalling to area Ac. 4.793 (for short, "suit land") involved in O.E.A Revision Case No. 226 of 2001 was recorded in the R.O.R. published in the year 1979 as "Babandobasta Status" with lord Lingaraj Mahaprabhu Bije-Bhubaneswar jointly with the present opposite party Nos. 3 and 9. Bebandobasta Case No. 1 of 1997 was instituted by the Additional Tahasildar, Bhubaneswar on the basis of G.O.No. 11782 dated 14.03.1991 on the report of the Court Amin for settlement of the suit land. The Additional Tahasildar after issuing general proclamation, inviting objection and after hearing opposite party Nos. 3 to 9 and others held that opposite party Nos. 3 to 9 were in possession of the suit lands through their forefathers as tenants, "in lieu of service" rendered by them to Lord Lingaraj which were granted to them as "Service Jagir" lands. Accordingly, the Additional Tahasildar, Bhubaneswar settled the land with Lord Lingaraj Mahaprabhu Bije-Bhubaneswar and Opposite party Nos. 3 to 9 as Marfatdars.
The said order of the Additional Tahasildar, Bhubaneswar was also confirmed by the Sub-Collector, Bhubaneswar. Therefore, claim of opposite party Nos. 3 to 9 is that they were the "Stitiban Raiyati Holders" of the suit lands and their rights which are heritable and transferable were not affected in any manner and they continued to be the owners in possession of the suit lands after vesting of the estate of Lord Lingaraj in the year 1974. Opposite party Nos. 3, 4, 5 and 7 transferred Ac 0.0861/2 decimals out of the suit land of Ac. 4.713 in favour of one Hemanta Chandra Mohapatra by a Registered Sale Deed executed on 18.02.1998. The said Hemanta Chandra Mohapatra by virtue of a Registered Sale Deed executed on 10.11.2000 transferred Ac 0.080 decimals of the land in favour of the petitioner Chittaranjan Sahoo. Opp. party Nos. 3, 4, 5, 7 and 9 by virtue of a Registered Sale Deed executed on 27.12.1996 transferred Ac. 0.461 & 1/2 decimals of land in favour of the petitioner-Smt. Bimala Kabi Satapathy. After purchase, the petitioners have constructed their residential houses on the suit land and are staying with their families without any interruption from any quarter until the impugned order of the Member, Board of Revenue, Odisha, Cuttack under Annexure-8 was passed.
The Consolidation Authorities in course of the consolidation proceeding in the year 1977-78, recorded the suit land in the name of Lord Lingaraj Marfat the Sevayat-vendors with stitiban status and rents were also collected by the Office of the Tahasildar, Bhubaneswar from them. When the matter stood thus, the Member, Board of Revenue, Odisha, Cuttack registered O.E.A. Revision Case No. 226 of 2001 on a move by the Collector, Puri and -by exercise of purported power under para 3 (26) of the Revenue Department Circular No. 57677/R dated 06.12.2000, set aside the order dated 31.03.1997 (Annexure-2) passed by the Additional Tahasildar, Bhubaneswar in Bebandobasta Case No.1 of 1997, on a finding that, the suit land had vested in the State of Odisha free from all encumbrances on abolition of the Ex-Estate of Lord Lingaraj and directed for recording of the suit land in favour of the State of Odisha with no note of possession and further held that none of the purchasers including the petitioners has acquired any right and title on any piece of the suit land on the strength of purchase from opposite party Nos. 3 to 9. Hence, the present writ petitions.
3. Mr. N.C. Panigrahi, learned
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