SRI JAGANNATH MAHAPRABHU MARFATDAR MAHANT SRI SRINIBAS RAMANUJ DAS Vs. O.E.A. COLLECTOR-CUM-TAHASILDAR, PURI AND OTHERS

JUDGEMENT

(1.) Order dated 08.12.2009 (Annexure -4) passed by the Additional District Magistrate, Puri in O.E.A. Appeal No.37 of 2005 is under challenge in this writ petition.

(2.) The Additional District Magistrate, Puri (for short 'the ADM') in the impugned order under Annexure -4 dismissed the appeal and thereby confirmed the order dated 31.05.1999 passed by the Tahasildar -cum -O.E.A. Collector, Puri (for short, 'OEA Collector) in OEA Claim Case No.45 of 1990 (Annexure -1). In OEA Claim Case No.45 of 1990, the OEA Collector relying upon Government Order No.17920/R dated03.04.1992 issued by the Revenue and Excise Department, Odisha, Bhubaneswar and Letter No.16935/LRS dated 26.12.1992 issued by the Board of Revenue, Odisha, Cuttack allowed the OEA case and directed for settlement of the case land more -fully described in the said order in favour of Shree Jagannath Mahaprabhu Bije Puri, Marfatdar, Managing Committee, Shree Jagannath Temple, Puri (opposite party No. 3).

(3.) In the writ petition, the petitioner categorically submitted that for all fairness of the matter, both the Claim Cases, viz., OEA Case No.1312 of 1974 filed by the present petitioner and OEA Claim Case No.45 of 1990 filed by OP No.3 ought to have been considered simultaneously and the petitioner ought to have been given an opportunity of hearing while adjudicating OEA Claim Case No.45 of 1990. Thus, he prayed to set aside the impugned order under Annexures - 1 and 4 and to remand the case to the OEA Collector for fresh hearing of both the cases simultaneously.