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2022 Supreme(Ori) 523

ARINDAM SINHA, S. K. MISHRA
Sri Sri Satyabadi Gopinath Dev Bije Phula Alasa, Puri – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
Binayak Prasad Mohanty, Advocate, A. K. Sharma, Advocate, P. Naidu, Advocate

Judgement Key Points
  • The petitioner, representing the deity Sri Sri Satyabadi Gopinath Dev Bije Phula Alasa, challenged the judgment dated 25th July 2022 by the Commissioner of Endowments rejecting the claim for possession of the land. (!) [22000367980001]
  • Evidence included an order by the Commissioner of Consolidation directing the recording of the deity's name in the tenant column, based on the 1927-28 settlement RoR originally in the deity's name. [22000367980001]
  • Opposite parties nos. 2, 3, and 4 are currently occupying the land. [22000367980001]
  • Opposite parties purchased the scheduled land from the legal heir and successor of Lal Bihari Das by deed dated 29th January 2007. [22000367980001]
  • The Commissioner's decision relied on the pendency of W.P.(C) No. 26862 of 2017, which challenged the Consolidation Commissioner's order, leading to the finding that the petitioner failed to prove its case. [22000367980002]
  • The Commissioner analyzed evidence and noted that, although sale transactions lacked permission under Section 19 of the Odisha Hindu Religious Endowments Act, 1951, such permission was unnecessary because the lands were not proven to belong to the deity institution or any other trust. [22000367980002]
  • Private opposite parties or others do not have their names recorded in respect of the land. [22000367980002]
  • The court issued notice to opposite party nos. 2 to 4 by registered/speed post with A.D., requiring the petitioner to fulfill requisites. [22000367980003]
  • Private opposite parties are directed to be ready for hearing and disposal of the writ petition. [22000367980003]
  • The case was listed for 11th January 2023. [22000367980004]

JUDGMENT

1. Mr. Mohanty, learned advocate appears on behalf of petitioner-deity. He submits, impugned is judgment dated 25th July, 2022 made by the Commissioner of Endowments. He draws attention to page 9 of the judgment to show that the Commissioner had material by way of an order passed by Commissioner, Consolidation, directing to record name of deity in the tenant column as tenant in respect of the land, which was originally recorded in the 1927-28 settlement RoR in its name. He submits, in spite thereof the Commissioner rejected claim of his client for being put in possession of the land. On query from Court he submits, opposite party nos.2, 3 and 4 are presently occupying the land.

2. Ms. Naidu, learned advocate appears on behalf of the Commissioner and points out from page 12 of the judgment that opposite parties before the Commissioner had purchased scheduled land from legal heir and successor of Lal Bihari Das by deed dated 29th January, 2007. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State.

3. It appears from impugned judgment, primarily on reason W.P.(C) no.26862 of 2017 is pending, wherein order of the Consolidation, Commissioner stoo

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