The main legal point established in the judgment is that for a trust to be exempted from Ceiling proceeding under the OLR Act, it must be declared as a trust estate or religious trust of public nature under the relevant provisions of the Act.

JUDGMENT :

K.R. Mohapatra, J.

1. This matter is taken up through Hybrid mode.

2. Radhakanta Math, a Public Religious Institution, represented through Sri Parsuram Das, has filed this writ petition assailing the legality and propriety of order dated 9th September, 1998 (Annexure-7) passed by Additional District Magistrate, Puri in OLR Revision Case No.1 of 1997 initiated under Section 59 of the Odisha Land Reforms Act, 1960 (hereinafter referred to as, ‘OLR Act’).

3. The genesis of the present writ petition emanates from the order passed on 19th January, 1996 (Annexure-5) by the Revenue Officer-cum-Tahasildar, Puri (Opposite Party No.2) in Ceiling Case No.1/243 of 1986 in which the land under Khata No.21 of mouza-Sipasurubuli in the district of Puri (hereinafter referred to as ‘the case land’) was declared as ceiling surplus.

4. The case of the Petitioner-Math before the Revenue Officer was that the Math is a trust estate and is a ‘Privileged Raiyat’ as defined under Section 2(24) (e) of the OLR Act. In the Ceiling proceeding, the Revenue Officer held the property in question to be the personal property of Mahanta and is amenable to Ceiling proceeding. Accordingly, he passed the order under Annexure-5.

5. The Petitioner-Math being aggrieved, preferred OLR Appeal No.12 of 1996 under Section 58 of the OLR Act. The Sub-Collector, Puri-Opposite Party No.3 in his order dated 11th August, 1997 under Annexure-6 dismissed the appeal and thereby confirmed the order passed by the Revenue Officer in the Ceiling proceeding. Against the said order, the Petitioner-Math preferred OLR Revision No.1 of 1997 before the ADM, Puri through its Manager being appointed by the Commissioner of Endowments. Some of the villagers claiming themselves to be Raiyats of the land in question made complaint before Collector, Puri, which was referred to learned Member, Board of Revenue, Odisha, Cuttack under Section 59 (2) of the OLR and OLR Revision No.8 of 1997 was initiated. However, the ADM heard the ORL RC Case No.1 of 1997 on its own merit and passed the impugned order dated 9th September, 1998 under Annexure-7 dismissing the Revision and thereby confirming the orders passed under Annexures-5 and 6. Assailing the same, the present writ petition has been filed.

6. In course of hearing, the State Government by filing IA No.26 of 2021 raised an issue with regard to maintainability of the writ petition stating that since notification under Section 3(1) of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as ‘the Consolidation Act’) has been published and consolidation operation has started in the village, the OLR proceeding stands abated and accordingly the writ petition is not maintainable. This Court, vide its order dated 4th February, 2022, held that upon initiation of consolidation operation, the Ceiling proceeding under the OLR Act does not abate. Hence, this writ petition was heard on merit.

7. Mr. Mohapatra, learned counsel for the Petitioner strenuously argued that the Petitioner-Math is a trust estate and is deemed to be a ‘Privileged Raiyat’ as defined under Section 2(24) (e) of the OLR Act. As such, the land in question held by the Petitioner Math is exempted from ceiling, as provided under Section 38 of the OLR Act. He submitted that the Petitioner-Math is one of the Public Religious Institutions of Baisnab cult. Consequent upon vesting of the estate under Section 3(A) of the Odisha Estate Abolition Act, 1951 (hereinafter referred to as ‘OEA Act’), the Petitioner-Math through its Manager, namely, Sri Udayanath Das filed a petition under Section 13(D)(1) of the OEA Act to exempt its property from vesting. Accordingly, a Tribunal was constituted under Section 13(C) of the OEA Act and declared a part of the estate of the Petitioner-Math as trust estate. It is his submission that Chapter-II-A was introduced to the OEA Act, vide Amendment Act 5 of 1963, which came into force on 11th April, 1963. The