Lingaraj Mahaprabhu vs State of Orissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(Ori) 1404

B.K.NAYAK, D.P.CHOUDHURY
Lingaraj Mahaprabhu – Appellant
Versus
State of Orissa – Respondent

Advocates Appeared:
For Petitioner: Mr. Ajodhya Ranjan Dash.
For Opp.Parties : Mr. S. Mantry (for Gopal Chandra Das-O.P. 4),
Mr. Biswajit Nayak for private Opposite Parties (purchasers from Somanath Mohapatra & Nrusingha Mohapatra),
Mr. Amit Kumar Nath (Commissioner of Endowments),
Miss Sabitri Ratho, (Additional Government Advocate)
For Petitioner: Mr. Biswajit Nayak, R.K. Nayak, C.R. Swain & B. Mohanty
For Opp.parties : Mr. A.R. Dash (for Lord Lingaraj Mahaprabhu),
Mr. S.P. Das (Commissioner of Endowments),
Mr. S. Mantry (for Gopal Chandra Das-O.P. No.5),
Miss. Sabitri Ratho, (Additional Government Advocate)
For Petitioner: Mr. Biswajit Nayak, R.K. Nayak & C.R. Swain
For Opp.parties : Mr. A.R. Dash (for Lord Lingaraj Mahaprabhu),
Mr. S.P. Das (Commissioner of Endowments),
Mr. S. Mantry (for Gopal Chandra Das-O.P. No.5),
Miss. Sabitri Ratho,
(Additional Government Advocate)
For Petitioner: Mr. Biswajit Nayak, R.K. Nayak & C.R. Swain
For Opp.Parties : Mr. A.R. Dash (for Lord Lingaraj Mahaprabhu),
Mr. S.P. Das (Commissioner of Endowments),
Mr. S. Mantry (for Gopal Chandra Das-O.P. No.5),
Miss. Sabitri Ratho, (Additional Government Advocate)
For Petitioner: Mr. Biswajit Nayak, R.K. Nayak, C.R. Swain
For Opp.parties : Mr. A.R. Dash (for Lord Lingaraj Mahaprabhu),
Mr. S.P. Das (Commissioner of Endowments),
Mr. S. Mantry (for Gopal Chandra Das-O.P. No.5),
Miss. Sabitri Ratho, (Additional Government Advocate)

JUDGMENT

B.K. NAYAK, J. - All these writ petitions involve common questions of fact and law and therefore, they were heard analogously and are being disposed of by this common judgment.

OJC Nos. 5594 of 1995 and 8148, 8149, 8150, 8151 of 1998 are filed by the Deity, Lord Lingaraj Mahaprabhu, Bije-Bhubaneswar. The other four writ petitions have been filed by some private individuals.

2. The facts of the case are as follows:-

2.1. The disputed property measuring Ac. 0.445 appertains to 1962 Settlement Plot No. 247, under Khata No. 1878 of Mouza-Bhubaneswar with classification ‘Bagayat’. The disputed property along with other properties belong to the Deity, Lord Lingaraj Mahaprabhu of Bhubaneswar, who had intermediary interest in respect thereof. It was part of the Trust Estate of the Deity and admittedly it vested with the State Government on 18.03.1974 under the provisions of the Orissa Estates Abolition Act, 1951 (in short “the OEA Act”). Under a scheme prepared in terms of Section 42 of the Orissa Hindu Religious Endowments Act, 1951 (in short “OHRE Act”) the management o

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2017 Supreme(Ori) 1404

B.K.NAYAK, D.P.CHOUDHURYLingaraj Mahaprabhu – AppellantVersusState of Orissa – Respondent

Cases Referred (2)

B.K.NAYAK, D.P.CHOUDHURY
Lingaraj Mahaprabhu – Appellant
Versus
State of Orissa – Respondent