PRAFULLA CHANDRA MAHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this writ application seeks to challenge the order dated 29.8.2003 passed by the Commissioner of Consolidation, Orissa, Bhubaneswar allowing the Consolidation Revision Case Nos. 267 and 268 of 1983 by affirming the order of the Consolidation Officer, Satyabadi dated 27.2.1982 directing recording the suit plots in the name of the deity Baral Balunkeswar Dev and quashing/reversing the order dated 20.9.1982 passed by the Deputy Director of Consolidation.

(2.) THE case of the petitioner in brief is that during 1925 settlement, the suit land was recorded in the name of Baral Balunkeswar Dev marfat sevak Chinta Patra Mali. In 1977 settlement, Khata Nos. 223 and 226 were recorded in the name of Baral Balunkeswar Dev marfat Lingaraj Mahapatra, the predecessor of the present petitioner. In O.S. No. 3/40/56 -519 of 1957, the learned Subordinate Judge, Puri settled Schedule 'A' property of the deity and directed that the said property will be enjoyed by sevaks in lieu of performance of specific duties towards the deity and on discontinuance of the same, shall cease their rights. The further case of the petitioner is that the disputed property was allotted in favour of their predecessor -Lingaraj Mahapatra in lieu of service towards the deity. Thereafter, in a proceeding under the Orissa Estate Abolition Act, the O.E.A. Collector had settled the said land in the name of the petitioner's predecessor in Claim Case No. 2957 of 1961 -62. It further transpires that the Executive Officer of the deity filed Case No. 41 of 1977 under Section 68 of the Orissa Hindu Religious Endowments Act and the same was dismissed on 5.11.1975 and no appeal has been filed against the same. In the backdrop of the aforesaid events, learned Counsel for the petitioner submits that the order of the O.E.A. Collector having not been challenged in any competent Court of law, the Consolidation authorities are legally bound by the order of the O.E.A. Collector. Accordingly, the petitioner submits that the Deputy Director of Consolidation had passed the appropriate order directing recording of the land in the name of the petitioner as successor in interest of late Lingaraj Mohapatra and the revisions preferred by the Executive Officer of the Trust Board ought to have been dismissed and therefore, the order passed by the Commissioner of Consolidation, Orissa in favour of the opposite parties, ought to be quashed and the order passed by the Deputy Director, Consolidation ought to be affirmed.

(3.) ON a perusal of the impugned order dated 29.8.2003 passed by the Commissioner of Consolidation, Orissa, the following facts are used : - (a) that it is admitted by both the parties to the dispute that the said land belonged to the deity 'Baral Balunkeswar Dev', a public deity, (b) After commencement of the Orissa Hindu Religious Endowments Act, 1951, the estate of the deity was under management of the Endowment Commissioner since 1952. (c) Exercising power under the OHRE Act, the Endowment Commissioner constituted a Trust Board with Lingaraj Mahapatra (predecessor of the present petitioner), Biswanath Mahapatra and Ghanashyam Mahapatra, who are non -hereditary trustees. Learned Commissioner further took note of the fact that the said order of Endowment Commissioner dated 25.7.1952 appointing Lingaraj Mahapatra and two others as non -hereditary trustees was for a period of two years from the date of their appointment, (e) While the Endowment Commissioner had also the authority for sufficient reason to extend the period of the Trusteeship, such extension, in no case, can be beyond six moths in aggregate. Thus, the tenure of the predecessor of the petitioner i.e. Lingaraj Mahapatra at best came to an end on 25.1.1955. (f) It is also a matter of record as indicated in the impugned order that no further extension of tenure of Lingaraj Mahapatra was granted in any proceeding under the Orissa Consolidation Act.