Orissa High CourtWP(C)/15674/2005dismissed

Jagannath Mahaprabhu v. O.E.A.Collector

2022-02-02Dr. Justice S. Muralidhar (Cj),Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No.15674 of 2005 Sri Jagannath Mahaprabhu Marfat Jagannath Ballav Endowment ....

Petitioner Mr. B. Mohanty, Advocate -versusO.E.A. Collector-cum-Tahasildar, Puri and others ....

Opposite Parties Mr. Debakanta Mohanty, A.G.A.

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK

ORDER

02.02.2022 Order No.

06.

1. This matter is taken up by video conferencing mode.

2. The challenge in the present petition is to an order passed by the Tahasildar, Puri under the Orissa Estates Abolition Act in O.E.A. Claim Case No.2246 of 1974, the order dated 28th October 1995 passed by the Additional Tahasildar, Puri in O.E.A. Claim Case No.2246 of 1974 as well as the order dated 31st August 1998 passed by the OEA, Collector-cum-Tahasildar, Puri in O.E.A. Claim Case No.144 of 1990 whereby the land in question has been recorded in favour of the Lord Jagannath Mahaprabhu.

3. The Petitioner happens to be the Marfat named as Jagannath Ballav Endowment, which is under the administrative control of the Jagannath Temple Trust and the Endowment Commissioner. The Court fails to understand how the Petitioner claiming to be the marfatdar can possibly object the land being be recorded in the name of the Lord Jagannath Mahaprabhu particularly since the

Trust functions only under the overall administrative control of the temple.

4. The Court therefore finds no merit in the present writ petition and it is accordingly dismissed.

5. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. No.514 and 515 dated 7th January, 2022.

(Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge S.K. Guin