LINGARAJ MAHAPRABHU BIJE Vs. BIPRA CHARAN SENAPATI

JUDGEMENT

(1.) THE Petitioner, Lord Lingaraj Mahaprabhu Bije, Bhubaneswar through its Executive Officer, has filed this writ application for declaring the order dated 29.06.1984 (Annexure -5) passed by the Member, Board of Revenue, Orissa in O.E.A. Revision Case No. 97 of 1982 as without jurisdiction & not binding on the Petitioner & further to quash the order dated 30.04.1990 (Annexure -6) passed by the Commissioner, Land Records & Settlement, Orissa, Cuttack in R.P. Case No. 3106 of 1988 under Section 32 of the Orissa Survey & Settlement Act. The disputed land measuring Ac.0.100 out of Ac.0.220 appertains to Sabik Plot No. 2115 under Sabik Khata No. 6 of Mouza -Badagarh, Bhubaneswar. It is the case of the Petitioner that the land in question is the Nijdakhali land of the Petitioner known as Mandirahata with Kisam Rasta (Ratha Danda), which is meant for moving & parking of the holy chariot of Lord Lingaraj. After abolition of the Estates under the Orissa Estates Abolition Act (in short the 'O.E.A.' Act), the Petitioner -deity filed application under Sections 6 & 7 of the said Act for settlement of the Nijdakhali land including the present disputed land in its favour, which was registered as O.E.A. Case No. 378 (T) of 1974 before the O.E.A. Collector -cum -Tahasildar, Bhubaneswar. By order dated 04.11.1980 (Annexure -1) after due publication of notice, the land was settled in favour of the deity by the Tahasildar. In the year 1984, a suo motu revision was registered as O.E.A. Revision Case No. 77 of 1984 before the Member, Board of Revenue, Orissa, Cuttack challenging the order of settlement under Annexure -1 on the application filed by one Candrika Patnaik & others. The said revision was dismissed by the Member, Board of Revenue by Older dated 12.05.1987 (Annexure 2).

(2.) IT is stated by the Petitioner that it was resolved by the Deity's Trust Board to challenge the order passed by the Member, Board of Revenue under Annexure -1 after obtaining the certified copy of the order, but it could not be challenged immediately because of management problems of the temple arising out of intra -Board dissension & further because settlement operation under the Orissa Survey & Settlement Act had already been started & it was bonafidely believed to seek remedy in the settlement forum.

(3.) DURING the course of settlement operation draft R.O.R. in respect of the disputed land was prepared in the name of the Petitioner deity. Opp. Party No. 1 filed objection under the Orissa Survey & Settlement Act (in short the 'O.S. & S.' Act) on the basis of the order passed by the Member, Board of Revenue under Annexure - 5. The Assistant Settlement Officer after due field enquiry found possession with the Petitioner &, therefore, rejected the objection filed by Opp. Party No. 1. Thereafter, Opp. Party No. 1 assailed the said rejection order in Settlement Appeal No. 310 of 1986, which was also dismissed by order dated 28.04.1988. Being aggrieved by such Appellate order, Opp. Party No. 1 filed a revision under Section 32 of the O.S. & S. Act before the Commissioner, Land Records, Settlement, Orissa, which was registered as R.P. Case No. 3016 of 1988. By the impugned order dated 30.04.1990 (Annexure -6), the Commissioner allowed the revision & directed for preparation of R.O.R. in respect of the case laud in the name of present Opp. Party No. 1, mainly, on the basis of the order passed by the Member, Board of Revenue under Annexure -5.