Jhankar Jagir land is not heritable and is burdened with service. The appointed Jhankar is entitled to hold 50% of the land for performing seba puja, while the remaining 50% is to be settled with the Jhankar and the widow of the previous Jhankar.

JUDGMENT :

S. Chatterji, J. - The present writ application at the instance of the petitioners Ramlal Oram and Minchi Oram claiming to be grandson and daughter of Bhima Oram challenges the impugned order dated 24-1-1985 passed by the Additional District Magistrate, Sambalpur in V. P. A. Case No. 2 of 1979 and also the decision made on 30-5-1989 by the Member, Board of Revenue in V.P.A.R.C. Case No. 6 of 1985, copies whereof are annexed as Annexures-2 and 3 to the writ application. Their further prayer for declaring opposite party No. 4 Chunilal Oram as not performing seba puja at the time of vesting and in lieu of the same, he was not possessing the case land and that the petitioners being substituted in place of Smt. Jhankaran, wife of late Bhima Jhankar were actually cultivating and possessing the entire case land at the time of vesting and as such, entitled for settlement of the entire case land.

2. Heard learned counsel for the respective parties. Perused the petition on record. We find that the revisional authority viz. the Member. Board of Revenue has discussed the facts of the case in details and in depth. It was found that Suku Jhankar was the original Jhankar of the land. A Jhankar appears to be a village priest who enjoys Jhankar Jagir land for performing seba puja of the village deity. Suku was succeeded by Bhima Jhankar, his son. Bima Jhankar thus became the Jhankar. Bhima Jhankar died more than 19 years prior to the vesting of the land. He died without leaving any male issue. On his death, his widow Srimati Jhankar allegedly continued to be in possession of the land. Khepai was found to be the brother of Suku, Jharu is Khepai's son. Chunilal is the son of Jharu and grandson of Khepai. Admittedly, the case land vested in the State on 1-7-1365. In accordance with Sections 3 and 4 of Orissa Offices of Village Police (Abolition) Act, on the abolition of the Jhankar Jagir lands, 50% of the lands should be settled with rights of occupancy with the Village Officer and his co-sharers and tenants and the balance 50% of the land will be continued as Jagir land for the seba puja of the daity and to be held by the Jhankar so long he discharges the duties of a village priest. It is observed in the impugned order that on the date of vesting notification, there was no village priest except Srimati Jhankaran who was in possession of the land and getting the necessary seba puja of the village deity done through her agents and others. It was, therefore, wrong for the Courts below to record jointly Ac. 2.18 decimals of land in favour of the revision petitioner Srimati Jhankaran and opposite party No. 1 Chunilal and also allowing Ac. 2.17 decimals of the Jhankar Jagir land on conditional/ service basis in favour of Chunilal. It was claimed that in the 145 Cr PC case, order was passed on 26-3-1968 immediately after vesting and there was a finding that the case land is under the possession of Srimati Jhankaran. Stating all these facts, the order of the Additional District Magistrate was challenged.

3. Considering all these materials on record, the Member, Board of Revenue has held that after Suku, Bhima Jhankar became the Jhankar and he (Bima Jhankar) died sometime in the year 1947. After Bhima's death' Chunilal Oram was appointed as Jhankar of the village by the Collector, Sambalpur with effect from 12-5-1948. After serving as Jhankar for several years, Chunilal was dismissed by local S.D.O from Jhankarship from 8-3-195B. Again he was reinstated by the Additional District Magistrate, Sambalpur on 30-6-1958 vide order in R. C. Case No. 8/3-1 of 1958-59. The Register of 'Kotwal' maintained by the local revenue authorities shows that Bhima died issueless and his wife could not get the seba puja of the village deity performed as per the local customs. Chunilal was appointed by the revenue authorities as Jhankar of the village for doing seba puja of the village deity. The revisional authority has correctly found that Jhankar Jagir land is not