SRI GOBINDA CHANDRA HARICHANDAN JAGADEB Vs. THE STATE OF ORISSA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT

JUDGEMENT

(1.) ONE Gobindachandra Harichandan Jagadeb, trustee of the deity Sri Jagannath Swami situate at Athagarh in the district of Ganjam, filed an application in Form 'L' before the Tribunal under Section 13D(1) of the Orissa Estates Abolition Act, 1951, and Rule 9 -A of the Orissa Estates Abolition Act's, 1952 (hereinafter referred to as the Act and Rules), with a prayer that the trust estate was to be excluded from the operation of the vesting notification. Under Rule 9 -A(1), an application by the trustee in respect of a trust estate shall be verified in the manner prescribed for verification of a plaint under the Code of Civil Procedure by the applicant or his agent duly authorised in that behalf. The averment made in the application in accordance with this rule may be stated in brief.

(2.) THE entire village Konkoroda is a trust estate. The trust was created by the ancestors of the present trustee for Bhog and maintenance of the deity. It was a pre -settlement unenfranchised Devadaya inam. By a notification under the Act published in the Orissa Gazette on 15th July 1955 the estate vested in the State free from all encumbrances. The compensation payable in respect of the income of the estate has been assessed as a perpetual annuity and is being paid to the trustee. There was no reservation of pecuniary benefit to any individual. On the afore said averments the trustee prayed that the estate was a trust estate within the meaning of Section 13A(e) of the Act and was to .be excluded from the operation of the vesting notification dated 15 -7.55. The Tribunal dismissed the application holding that the trust estate had vested in the State since 1955 and would not be governed by the provisions of Section 13D of the Act.

(3.) MR . Ramdas concedes that the estate vested in the State of Orissa by the notification dated 15 -7 -55 under Section 3 of the Act. Section 3(1) prescribes that the State Government may from time to time by notification, declare that the estate specified in, the notification, has .passed: to and became vested in to the State free from all encumbrances. Sub -section (2) deals with the particulars contained in the notification and, the manner of publication in the official gazette and in the Notice Board. Under Sub -section (3) such publication shall be conclusive evidence of the notice of the declaration to every body whose interest is affected by it. Section 5 of the, Act deals with the consequences of the vesting of an estate in the State. The essence of the matter is that the Intermediary shall cease to have any interest in such estate other than the interest expressly saved by of under the Provisions of the Act. Section 28(1) of the Act deals with compensation payable in the case of a permanent or resumable estate. Sub -section (2) covers cases of compensation payable respect of trust estates. It lays down that in the case where in the opinion of the Compensation Officer the net income or any portion of the net income in respect of any estate held under trust or other legal obligation has been dedicated exclusively to charitable or religious purposes of a public nature without any reservation of pecuniary benefit to any individual, the compensation payable in respect of such income or such portion thereof shall, instead of being assessed under Clause (1), be assessed as a perpetual annuity equal to such net income or such portion thereof, as the case may be. It is unnecessary to refer to the proviso to the Sub -section.