SRI GOPINATH MAHAPRABHU BIJE NIJAGAN Vs. COMMISSIONER, CONSOLIDATION

JUDGEMENT

(1.) THE order passed by the Commissioner, Consolidation, Orissa, Bhubaneswar, in Consolidation Revision Case No. 8/1994 is assailed in all these Writ applications. As the facts and points of law involved in all these Writ applications are same, on the request of Learned Counsel for the parties, the matters were heard together and are disposed of by this common Judgment.

(2.) THE lands in dispute situate in village Pranadeipur which being part and parcel of Athagarh Estate and the Raja of Athagarh was the proprietor. The lands stood recorded in the name of Deities Sri Gopinath Mahaprabhu Bije at Pranadeipur and Sri Chandrasekhar Mahaprabhu Bija at Pranadeipur. The status of the land was Gramakantha Paramboke. The present petitioners claim to be the Marfatdars of the Deities which are a public religious endowments. After the village in which the lands situate came under consolidation in pursuance of a Notification issued under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short 'the Act), three objection cases were filed by the Marfatdar before the Consolidation Officer under Section 9(3) of the Act praying to record the lands appertaining to L.R. Plot Nos. 575,458, 567,594,573,574,55,107 and 142 as 'Gharabari'. Another case was also filed by one Banamali Naik claiming to record the lands in his favour. The Consolidation Officer issued notice to all the parties in the objection cases and the parties appeared and adduced their evidence before the Consolidation Officer. After discussing the evidence, the Consolidation Officer observed that Ex -Raja of Athgarh was the proprietor of the lands. He had given the disputed lands along with certain other lands to some Brahmins of the said village who had installed the deities Sri Gopinath Mahaprabhu and Sri Chandrasekhar Mahaprabhbu and were enjoying the lands in lieu of performing their Seva Puja. The nature of the lands was Gramakantha Paramboke. He observed that the lands were distributed among Brahmins and other caste persons who possessed the same in lieu of performing different Seva Puja to the Deity. On the basis of such conclusion the Consolidation Officer held that the lands belonged to the Deity and directed to record the same in the name of the Deity by reflecting separate and exclusive possession of different contesting opposite parties.

(3.) THE Commissioner having dismissed the Revision Cases, the present Writ applications have been filed before this Court. According to Learned Counsel for the Petitioners, the Commissioner without discussing the materials by cryptic order disposed of the revisions observing that he had gone through the findings of the Learned Deputy Director, Consolidation who had examined the issues and had rightly observed that the disputed lands were not private raiyati lands and had directed settlement of the same in favour of the opposite parties, who were found to be in possession. He further submitted that the Deities being perpetual minors, possessed the disputed lands through human agencies. Thus, the persons who were possessing the lands in lieu of rendering different Seva Puja to the Deities could not be presumed to be persons in Khas possession. Law is well settled that as long as they render Seva Puja, they would have a right to occupy the lands and the day they fail to do so, or commit any illegal act or omission of commission they will be liable to eviction from the lands of the Deities.