BRUNDABAN MAHAPATRA Vs. DIRECTOR OF ESTATES AND EX-OFFICIO DEPUTY SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT

JUDGEMENT

(1.) THIS Writ Petition has been filed by the petitioner challenging the action of the opposite parties in not delivering possession of the land measuring Ac.0.060 decimals under Plot No.B-1, drawing No.B-322, Unit No.28, Bhubaneswar as per lease deed dtd.14.2.1994 executed on 22.7.1994 between the petitioner and opposite party no.1.

(2.) THE brief facts of the case are that the petitioner being a Sevayat of Lord Lingaraj, Bhubaneswar was allotted with a land measuring an area of Ac.0.60 decimals of Lord Lingaraj, Bhubaneswar on 90 years lease basis appertaining to Plot No.B-1, Unit No.28 as per drawing No.B-322 by the Director of Estate ­ opposite party no.1 vide order No.5188/CA dtd.30.3.1990. Prior to merger of estate, the Endowment Commissioner accorded sanction under Section 19 of the Odisha Hindu Religious Endowment Act, 1951 to lease out the land for residential purposes to some Sevayats of Lord Lingaraj on nominal salami and rent. Before merger some Sevayats registered their lease deed and got the lands recorded in their favour but some Sevayats failed to register the lease deed. On 18.3.1974 the estate of Lord Lingaraj vested with the Government and the Sevayats, who could not get the lease deed executed prior to merger, filed applications before the Government for regularization of their lease and to record the land in their favour. Accordingly, the Chief Minister in a meeting held on 21.2.1987 decided that the claims of Sevayats of Lord Lingaraj, Bhubaneswar for getting Ac.0.60 decimals of land sanctioned in their favour and being in their possession should be carefully examined before confirming any lease. It was also decided that the Sevayats should submit individual applications to the Director of Estates to finally settle the issues. After scrutiny of the applications and land records, lease granted in favour of 129 Sevayats were regularized on the ground that the procedure for allotment of 90 years of lease to the Sevayats clearly indicates that allotment was made basing on the sanction of Endowment Commissioner and possession of the land identified by the lessee. Thereafter, the Director of Estates - opposite party no.1 vide letter dtd.07.8.1989 directed the Planning Member, Bhubaneswar Development Authority to prepare the drawing of the plots based on possession of the Sevayats as it has been decided by Government to lease out Government plots under possession of Sevayats of Lord Lingaraj. Accordingly, the land appertaining to Plot No.B-1 of drawing No.B-322, Unit-28, Bhubaneswar measuring an area of Ac.0.60 decimals was allotted in favour of the petitioner by opposite party no.1 vide order no.5188 dtd.30.3.1990. However, as opposite party no.1 did not execute the lease deed, the petitioner approached this Court in OJC No.3212 of 1992 which was disposed of on 04.8.1993 with an observation that if the petitioner files due application and undertaking relating to non-transfer and for rendition of Sevapuja before the concerned authority, in such event the concerned authority shall execute the lease deed within three months from the date on which requisite documents are filed before the authority. In pursuance of the said order, the petitioner filed undertaking before the Executive Officer of Lord Lingaraj Temple, Bhubaneswar and accordingly lease deed was executed on 14.2.1994 and registered on 12.9.1994 before the Sub-Registrar, Bhubaneswar. After execution of the lease deed, the petitioner sent a copy of the Registered Lease Deed to the Addl. Land Officer, General Administrative Department - opposite party no.2 by registered Post with A.D but the said opposite party did not demarcate and deliver possession of the land that too after execution of the lease deed. The petitioner filed a representation before the Addl. Land Officer ­ opposite party no.2 on 02.12.1994 and sent a reminder on 17.12.1994 but no action was taken for demarcation and delivery of possession of the land. As per the allotment drawing, it is difficult on the part of the petitioner to take possession. Finding no other alternative, the petitioner sent a lawyer's notice to the opposite parties on 04.1.1995 and also sent reminders but as no action has been taken by the opposite parties, this present Writ Application has been filed with a prayer to direct the opposite parties to demarcate the land and deliver possession of the same to the petitioner.

(3.) LEARNED counsel appearing for the petitioner submits that the lease deed executed by the opposite parties on 14.2.1994 clearly stipulate that the lessor will deliver possession of the land to the lessee within a stipulated time and as the opposite parties have not delivered possession of the land the petitioner has filed the present Writ Application. He further submits that the action of the opposite parties are only to delay the matter and the petitioner has approached this Court successively by filing Writ Applications for execution of the lease deed and delivery of possession of the land. The plot allotted to the petitioner is in possession of one Umakanta Garabadu as reveals from the Records of Right published and obtained by the petitioner under the R.T.I Act on 07.6.2011 in respect of Plot No.573, therefore, the petitioner has rightly claimed delivery of possession from the opposite parties.