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2018 Supreme(Ori) 184

S.K.MISHRA, D.P.CHOUDHURY
Bauribandhu Mangaraj – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Petitioner: M/s. R.K. Dash, D.R. Swain, P. Prusty, N.K. Sahu and B. Swain.
For the Opposite Parties :Mr. Sougat Das, Additional Standing Counsel, Mr. B.H. Mohanty, Senior Advocate, M/s. D.P. Mohanty, S.C. Mohanty, J.K. Bastia, R.K. Nayak & B. Das, M/s. S.P. Dash & A.K. Nath.

JUDGMENT :

D.P. Choudhury, J.

Challenge has been made to the order dated 2.6.1992 passed by the learned O.E.A. Collector, Nimapara in OEA Case No.307 of 1989.

FACTS

2. The adumbrated facts of the petitioner is that the case land is recorded as Debottar Lakhraj Bahel estate in the name of Lord Shri Jagannath Bije, Puri, through the Marfatdar of Mahanta Shri Ram Prakash Das, Bada Akhada Math, Puri. The Collector, Puri and Mahanta Shri Ram Prakash Dash filed Misc. Case No.543 of 1963 and Misc. Case No.1369 of 1965 under Section 13 (D) of the unamended provision of Chapter-11-A of the Orissa Estate Abolition Act, 1951 (hereinafter called as “OEA Act”) before the Tribunal for declaration that the suit property is trust estate. On the basis of the application, the Tribunal allowed the suit property as trust estate. It is further alleged inter alia that Lord Jagannath being ex-intermediary after vesting of the estate applied through petitioner for settlement of the case land in their favour under Sections 6 and 7 of the Orissa Estate Abolition Act (in short “the Act”). After due procedure being followed, the case land was settled in favour of Lord Shri Jagannath through Marfatdar Mahanta Ram































































































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