SMT. TARANGINI RAY Vs. THE COLLECTO AND ORS.

JUDGEMENT

(1.) The order dtd. 9th January, 2004 passed by the Sub -Collector, Bhubaneswar refusing the accord approval to the order of the Addl. Tahasildar, Bhubaneswar directing to record the disputed lands in the name of the Petitioner under Stithiban status in O.E.A. Case No. 309/1991 is assailed in this Writ Petition.

(2.) Perusal of the pleadings reveal that the lands in dispute measuring Ac.1.498 decs, appertaining to Major Settlement Khata No. 1182, Plots Nos. 638, 639, 640, 641, 1176, 1177 and 1178 with dwelling house, trees, and tank belonged to Bharati Math of which Mohanta Taponidhi Rama Krushna Bharati Goswami was the trustee. The lands were part of an intermediary estate of the Math. According to the Petitioner the ex intermediary had inducted one Sarajumani Dasi as a tenant in respect of the disputed lands and other lands. In the year, 1959 said Sarajumani Oasi alienated a portion of the disputed lands in favour of the Petitioner by a registered sale deed dtd. 21st December, 1959 and delivered possession thereof. It is further stated that Sarajumani Dasi had also alienated some other portion in favour of Sadasiva Mishra by a registered sale deed and said Sadasiva had sold the disputed lands to the Petitioner in the year 1966.

(3.) In consonance with a Notification issued by the State the entire intermediary estate of Bharati Math vested in the State. It further appears that Bharati Math which is a public religious endowment did not take any steps for settlement of the lands in its favour in consonance with Ss. 6 and 7 of the O.E.A. Act. According to the Petitioner she being a tenant her tenancy right was protected under Sec. 8(1) of the O.E.A. Act and she was deemed to be a tenant under the State, but the lands were recorded under "Bebondobasti" status. In the year 1991 a suo motu proceeding was initiated by the Revenue Officer -Cum -O.E.A. Collector, Bhubaneswar for settlement of the lands belonging to Bharati Math recorded as "Bebondabasti" and the said proceeding was registered as O.E.A. Case No. 309/1991. In course of hearing of the said case the present Petitioner filed a petition to implead her as a party on the ground that she had purchased the lands from Sarajumani Dasi and also Sadasiva Mishra and was in possession of the same. The said petition was resisted by Lord Lingaraj Mohaprabhu. The Addl. Tahasildar, however, allowed the petition filed by the Petitioner and directed to record the lands in her favour under Stithiban status on payment of assessed rent and cess as admissible under law and further directed to delete the name of Mohanta Taponidhi Rama Krushna Bharati Goswami from the records. The case was thereafter directed to be placed before the Sub -Collector for approval as per the Notification issued by the Government. Before the Sub -Collector an objection was filed by Mohanta Taponidhi on behalf of the Math and Lord Lingaraj raising several allegations. The Sub -Collector after considering the objections set aside the order passed by the Addl. Tahasildar directing to record the lands under Stithiban status in favour of the Petitioner and remitted the matter for fresh disposal. The said order, as stated earlier, is assailed in this Writ Petition.