Long-term possession does not confer ownership rights on encroached temple land as eviction under statutory provisions is valid.

JUDGMENT :

S.K. Panigrahi, J.

1. Since common questions of fact and law are involved in the above- mentioned Writ Petitions, the same were heard together and are being disposed of by this common judgment. However, this Court finds it appropriate to treat W.P.(C) No.15095 of 2024 as the leading case for proper adjudication of these matters.

2. The Petitioner in the present Writ Petition has assailed the Eviction Notice dated 12.01.2024 issued under Section 6 (1) of the Orissa Prevention of Land Encroachment Act , 1972 by the Additional Tahasildar, Cuttack Sadar, whereby they were directed to vacate the disputed land within thirty days.

3. The Petitioners have also impugned Letter No.2260 dated 21.02.2024 issued by the Chief Administrator (Revenue), Shree Jagannath Temple Administration, Puri, whereby their request for settlement of the land under the Shree Jagannath Mahaprabhu Bije Purinka Zamee Bikri Sambandhiya Samana Niti (Uniform Policy) was rejected, notwithstanding their continuous residence on the land for more than fifty years.

I. FACTUAL MATRIX OF THE CASE:

4. Succinctly put, the facts of the case are as follows:

(i) The Petitioners, who are labourers, have been residing with their families for more than fifty years over the land recorded under Khata No. 173/1 in Mouza Hatasahi, which forms part of the Amrutamanohi property of Lord Jagannath.

(ii) The Petitioners continued to reside on the said land without interference until an Eviction Notice dated 12.01.2024 was issued by the Additional Tahasildar, Cuttack Sadar, alleging that they were encroachers upon Government land.

(iii) Thereafter, the Petitioners submitted individual Representation-cum- Proposals dated 01.02.2024 before the Chief Administrator, Shree Jagannath Temple Administration, Puri, enclosing supporting documents and requesting that their cases be considered for settlement of the land recorded under Khata No. 173/1, Mouza Hatasahi. In their representations, the Petitioners expressed their willingness to purchase the land at such cost as may be determined by Opposite Party No.2 in accordance with the revised “Shree Jagannath Mahaprabhu Bije Purinka Zamee Bikri Sambandhiya Samana Niti (Uniform Policy).”

(iv) Upon receipt of the said representations, the office of the Chief Administrator (Revenue), Shree Jagannath Temple Administration, Puri, issued Letter No.2260 dated 21.02.2024, recording that the land under Khata No. 173/1, Mouza Hatasahi, Tahasil Cuttack Sadar, stands in the name of Shree Jagannath Mahaprabhu Bije, Puri, represented through the Shree Jagannath Temple Administration. It was further stated therein that, as the Petitioners had occupied the said land without authority, the Tahasildar, Cuttack Sadar, was requested to take steps for release of the occupied land, and that the provisions of the Uniform Policy were not applicable to the Petitioners.

(v) Aggrieved thereby, the Petitioners have filed the present writ petition seeking quashing of the Eviction Notice dated 12.01.2024 issued by the Additional Tahasildar, Cuttack Sadar, as well as Letter No.2260 dated 21.02.2024 issued by the office of the Chief Administrator (Revenue), Shree Jagannath Temple Administration, Puri. The Petitioners further seek a direction to Opposite Party No.2 to consider their cases and to settle the land under Khata No. 173/1, Mouza Hatasahi, Tahasil Cuttack Sadar, recorded in the name of Shree Jagannath Mahaprabhu Bije, Puri, represented through the Shree Jagannath Temple Administration, by selling the same in their favour.

II. PETITIONER’S SUBMISSIONS:

5. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions.

(i) The Petitione