BHAGABAN KAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE parties to these two Writ applications and the subject -matters being the same, on the request of the learned counsel both the cases are taken up together.

(2.) THE property in dispute is situated in Mouza -Mirzapur under Cuttack district measuring Ac.0.74 decimals appertaining to plot Nos.902 and 796 under Khata No.344. The same stood recorded in the 1930 Settlement in the name of Lord Jagannath Mahaprabhu, Bije -Puri under 'Bajyapti Madhya Satwadhikari status. Babaji Charan Mohanty and others were recorded as the Marfatdars. Opposite parties 3 to 6 in OJC No.2288 of 1995 claimed that the said land was being cultivated by their father during his lifetime and after him they were cultivating the same as Bhag Tenants. They also asserted that they were paying Bhag dues to the intermediary prior to vesting under proper receipts. Admittedly the estate vested in the State in consonance with a blanket Notification dated 25th April, 1963 issued under Section 3 -A of the Orissa Estates Abolition Act. Admittedly after vesting no application in consonance with Sections 6 and 7 of the OEA Act was filed by the ex intermediary within the prescribed time. Assuming that the property was part of a Trust Estate, no steps were also taken by the trustees or the Collector under Chapter -II -A (since repealed by Orissa Act 33 of 1970) for declaration that it was a trust estate. Consequently the property vested in the State. However despite the aforesaid events, by a registered partition deed dated 5.8.1967 inter se between the family members of Babaji, the property was allotted to the share of aforesaid Babaji Charan Mohanty and he continued to collect Raj Bhag from opposite parties 3 to 6.

(3.) ASSAILING the said confirming order, opposite parties 3 to 6 in these Writ applications filed OJC No.1772 of 1982 before this Court inter alia claiming that the lands question ought to have been settled with them as they had purchased the same by registered sale deeds. Thereafter an application was filed by the transferees from Nirupama Jena seeking their impletion as parties to the said OJC which petition was directed to be considered at the time of hearing of the OJC and they were granted liberty to file their counter -affidavit. After hearing learned counsel for all the parties, this Court disposed of the said OJC by judgment dated 27th March, 1990 with an observation that the application filed for settlement of the lands by the intermediary was beyond the prescribed period and, as such, the order of settlement was an act without jurisdiction and thus invalid. This Court annulled the order settling the lands in favour of Lord Jagannath Mahaprabhu, represented by opposite party No.1 in that OJC. In consonance with the judgment in OJC No.1772 of 1982, the Tahasildar corrected the record -of -rights by deleting the names of the present petitioners and recording the lands with the State. The said order is assailed in present OJC No.9046 of 1993.