The ceiling proceedings under the Odisha Land Reforms Act do not abate due to ongoing consolidation operations under the Consolidation Act, as they are distinct matters requiring separate determinations.

ORDER :

K.R.MOHAPATRA, J.

1. This IA has been filed by the State of Odisha-Opposite Party with a prayer to abate the proceeding under the Odisha Land Reforms Act, 1960 (herein after referred to as ‘OLR Act’ for convenience) as the said area under which the land in question situates is under consolidation operation initiated under the provisions of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as ‘Consolidation Act’ for convenience).

2. Materials on record reveal that Sri Radhakanta Math situated in the district of Puri (hereinafter referred to as ‘Math’ for convenience) is a Public Religious Institution under Odisha Hindu Religious Endowments Act, 1951 (hereinafter referred to as ‘Endowments Act’ for convenience) and Rules framed thereunder. In the year 1976, a suo motu ceiling proceeding under the OLR Act was initiated on the basis of the report of the Amin in respect of an area Ac.515.03 decimal pertaining to Khata No.21 in mouza Sipasirubali (hereinafter referred to as ‘the case land’ for convenience) against Mahanta Goura Gobinda Das Goswami of Radha Gobinda Das Goswami, Radhakanta Math, Balisahi, Puri and draft statement prepared under Section 43(1) of the OLR Act was confirmed under Section 44(1) of the OLR Act vide order dated 16^th December, 1995 (Annexure-5) holding the case land to be the personal property of Mahanta Goura Gobinda Das Goswami. Assailing the same, the Petitioner-Math preferred Appeal under Section 58 of the OLR Act in OLR Appeal No.12 of 1996. The Sub-Collector, Puri, vide his order dated 11^th August, 1997 (Annexure-6) confirmed the order under Annexure-5. Assailing the same, the Petitioner-Math preferred OLR Revision Case No.1 of 1997, which was also dismissed vide order dated 9^th September, 1998 (Annexure-7). Hence, the present writ petition has been filed.

3. Counter affidavit has also been filed by the State Government. In course of final hearing of the writ petition, the State of Odisha came up with this IA stating that during pendency of the ceiling proceeding under the OLR Act, a notification under Section 3(1) of the Consolidation Act was published notifying initiation of the consolidation operation in the area, i.e., Sipasirubali in which the case land situates. It is also stated in the IA that on the prayer of the Petitioner, further proceedings in Objection Case Nos.2667/1996 and 2668/1996 as well as Objection Case Nos. 597 to 612 of 2007 initiated under the provisions of the Consolidation Act pending before the Sub-Collector, Puri, was stayed. Although an application in Misc. Case No.22 of 2013 has been filed by the State of Odisha-Opposite Party to vacate the interim order, but no order to that effect has yet been passed.

4. It is contended in the petition that in view of Section 4 (3) and (4) of the Consolidation Act, the ceiling proceeding initiated under the OLR Act ought to have been abated, but it was allowed to continue and at present is pending before this Court. An objection to the said IA has also been filed by the Petitioner denying the allegations made in the IA.

5. Learned counsel for both parties addressed the Court at length on the issue involved.

5.1 Mr. Dash, learned AGA submitted that the question of abatement of any proceeding arises when in the pending proceeding (in the instant case, the Ceiling proceeding) before any authority/Court, an issue of existence of right, title and interest over the subject matter arises which is under consideration either in the Civil Court or in any proceeding under the Special Act, i.e., in Consolidation Act in the instant