LORD JAGANNATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THREE persons claiming to be sevaks of the celebrated temple of Lord Jagannath at Puri have filed this application under Article 226 of the Constitution for a declaration that certain provisions of the Orissa Estates Abolition Act are ultra vires the Constitution and are not applicable to the properties endowed in the name of the Lord and notifications in exercise of powers vested under the Act abolishing certain estates already declared as 'trust estates' under the Act and directing their vesting in the State of Orissa are incompetent. Several contentions were raised in the writ application, but Mr. Das for the petitioners has focused his submissions at the hearing for a declaration that the Notification dated 18th March, 1974 (Annexure-1) issued by the State Government in purported exercise of powers conferred under Section 3-A (1) of the Abolition Act is liable to be set aside. The impugned notification reads as hereunder:-

(2.) COUNSEL for both sides had cited several authorities before us in support of their respective contentions mainly with reference to Section 5 of the General Clauses Act and the true meaning of the phrase 'unless a different intention appears.' It cannot be disputed that the amendment to Section 8 (3) of the Act authorised applications to be made in respect of trust estates and the President's Act introduced a definition of 'trust estate' which included the estates of the deity by name. We do not think, there is any force in the contention of the petitioners that once the estates had been declared as trust estates, the State Government had no authority to abolish them. The position is so obvious that reference to authorities is wholly unnecessary. We would accordingly dismiss the writ application, but without costs.