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Judgment
Mr. Bhuyan, learned advocate appears on behalf of petitioners and submits, the land belongs to his clients. It is not land of the deity. In the circumstances, inter alia, letter dated 16th February, 2023 written by the Additional Assistant Commissioner to the Tahsildar amounts to interference with his clients’ interest in the land. In any event, Odisha Hindu Religious Endowments Act, 1951 does not empower the Additional Assistant Commissioner of Endowments to exercise power to make interim order in respect of deity’s land, for the purpose assuming though not admitting that the land belongs to the deity.
Ms. Naidu, learned advocate appears on behalf of the Commissioner and submits, section 8 provides for powers of the Deputy and Assistant Commissioners. She submits further, the land was recorded in name of the deity in the sabik khata. Petitioners had got made settlement in their names. Such record is at best a rebuttable presumption. All that the Additional Assistant Commissioner did was to seek assistance of the administration, where petitioners are engaged in changing nature and character of the land belonging to the deity.
Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State.
Court requires the administration (State) to render assistance in the matter. Upon verification, instructions are to be issued regarding whether petitioners’ are running a brick kiln on the land described in impugned letter dated 16th February, 2023, written by the Additional Assistant Commissioner. State must inform Court regarding user of land for brick kiln, digging ponds for pisciculture and cutting trees require information given and permission obtained from the administration. It will be appreciated if State files an affidavit on the queries. The affidavit should also state whether any action has been taken by the administration against petitioners. The affidavit will be accepted on adjourned date upon advance copies served on Mr. Bhuyan and Ms. Naidu.
List on 3rd April, 2023.
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