Property vested under statute cannot be divested; claims of ownership must be substantiated by valid title, otherwise they are void ab initio.

JUDGMENT :

S. Muralidhar, CJ.

1. The two Petitioners, who are residents of Puri, have challenged an order dated 25^th April 2011 passed by the Board of Revenue, Orissa in OEA Revision Case No.133 of 2008. By the said order passed in the aforementioned revision case under Section 38B of the Orissa Estate Abolition Act, 1951 (OEA Act), the order dated 4^th June 2008 of the Additional District Magistrate (ADM), Puri in OEA Appeal Case No.8 of 1999 was affirmed and the aforementioned revision case filed by the present two Petitioners was dismissed. The aforementioned order dated 4^th June 2008 of the ADM, Puri had dismissed the appeal filed by the present Petitioners against an order dated 18^th May 1999 of the Tahasildar, Puri-cum-OEA Collector in OEA Claim Case No.173 of 1990 which had been filed by the Administrator of Sri Jagannath Temple, Puri (Opposite Party No.1).

Background facts

2. The background facts are that the aforementioned claim case was filed before the Tahasildar, Puri by Opposite Party No.1 for fixation of fair and equitable rent and settling the land admeasuring Ac. 4.960 decimals in favour of Sri Jagannath Mahaprabhu Bije Puri Marfatdar Sri Jagannath Temple Managing Committee, Puri under Sections 6 and 7 of the OEA Act. The said land is located in Khata No.123 Plot Nos.68, 69, 70 and 71 in Mouza-Markandeswar Sahi District-Puri. The contesting Claimant was the Sri Jagannath Puri Gosala (Opposite Party No.3).

3. Notice and proclamation inviting public objections was served by notices dated 24^th December, 1998. The present Petitioners subjected their objections by claiming that they had purchased suit Plot No.170 Ac.1.084 pertaining to Khata No.149 by a registered sale deed dated 7^th December 1998 and that Petitioner No.2 had purchased Plot No.203 Ac.0.101 and Plot No.204 Ac.2.102 of the same Khata No.149 by a registered sale deed dated 30^th November 1998 from the President Babubhai Chhagalani and Secretary Arabinda Parekha of Sri Jagannath Puri Gosala through Kishnalala Panch power of attorney holder by a registered power of attorney dated 23^rd September, 1998.

4. In turn, it was claimed that Sri Jagannath Puri Gosala Marfat Secretary Purusottam Sundar Das was the recorded land owner in respect of the suit land by virtue of permanent registered lease deed dated 31^st July 1931 which had been executed by one Niladri Sahu by obtaining permission from the Civil Court. It was further claimed that "the suit Plot Nos.170, Ac.1.084; 203 Ac.0.102 and 204 Ac.2.102 related to the part of Sabik Plot Nos.68, 69, 70 and 71 of Sabik Khata No.123. The Sabik Khata No.123 containing the Sabik Plot Nos.68, Ac.4.280; 69, Ac.0.160; 70, Ac.0.010 and 71, Ac.0.010 stood recorded in the name of Sri Jagannath Dev Marfat Mahant Sri Ram Das Guru Keshab Das of Badasantha Math in the ROR of 1899 Settlement in Amrutamanohi status".

5. The further case was that the suit property had not been declared as a trust estate property by the OEA Tribunal and hence, it had not vested in the Government on 18^th March, 1974 when the Government of Odisha issued a notification under Section 3A of the OEA Act whereby the estate of Lord Jagannath Mahaprabhu Bije Puri vested in the State Government.

6. The above vesting notification dated 18^th March, 1974 was the subject matter of challenge in this Court in OJC No.233 of 1977 and was rejected by this Court. Ultimately, the judgment of this Court was upheld by the Supreme Court of India in Lord Jagannath through Jagannath Singri Narasingh Das