Orissa High Court
Maa Tarini Thakurani Temple Trust vs State Of Odisha And Others .... Opp. ... on 9 November, 2021
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29517 OF 2021
Maa Tarini Thakurani Temple Trust .... Petitioner
Mr. Ashutosh Mohanta, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. S.N. Mishra,
Additional Government Advocate
Miss Pratyusha Naidu, Advocate
(For Commissioner of Endowments, Odisha,
Bhubaneswar)
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No 09.11.2021 03. 1. This matter is taken up through hybrid mode.
2. The grievance of the Petitioner in this writ petition is with regard to inaction of the Tahasildar, Ghatagaon in implementing the order dated 24th April, 2018 passed in Mutation Case No.387 of 2017 and he further prays for a direction to dispose of Mutation Case No. 387 of 2017 within a stipulated time.
3. Mr. Mohanta, learned counsel for the Petitioner submits that the property in question belongs to the deity-Maa Tarini Thakurani Temple at Ghatagoan. The land has been recorded as 'Jalasaya-II' in the R.O.R. The trust board filed an application under Rule 34(e) of the Orissa Survey & Settlement Rules, 1962 (for short 'the Rules') to convert the land from 'Jalasaya-II' to 'Patita' as the recording of kissam has no relationship with the existing facts. The land is lying fallow. As it is recorded as 'Jalasaya-II', the trust board of the temple is not in a position to use the same for development purpose. The Tahasildar, Page 1 of 3 // 2 // Ghatagaon considering the case of the Petitioner allowed the misc. case on 24th April, 2018 (Annexure-1 series) directing to convert Plot No1093 under Khata No.193/333 to an extent of Ac.0.26 decimals from 'Jalasaya-II' to 'Patita'. Although the order was passed since 2018, R.O.R. has not yet been corrected for which the trust board of temple is highly prejudiced. Hence, this writ petition has been filed.
4. Miss Naidu, learned counsel for the Commissioner of Endowments, Odisha, Bhubaneswar submits that the Petitioner is authorized to file an application for mutation as he is the member of the trust board.
5. Mr. Mishra, learned Additional Government Advocate for the State submits that the Tahasildar, Ghatagaon has the power under Rule 34(e) of the Rules to convert the land from 'Jalasaya- II' to 'Patita' if it has lost its character.
6. Taking into consideration the submissions made by learned counsel for the parties and case law cited by learned counsel for the Petitioner in the case of Nakula Dalai and others
-v- State of Orissa and others, reported in 2007 (Supp.-I) OLR- 876 wherein the concerned Tahasildar was directed to covert the land from 'Jalasaya' to 'Homestead' in accordance with law and to initiate a lease case to settle the land in favour of the Petitioner therein. It is submitted by learned counsel for the parties that the order dated 24th April, 2018 has not yet been varied or annulled and the same is in force.
7. In that view of the matter, the Tahasildar, Ghatagon- Opposite Party No.3 is directed to implement the order dated 24th April, 2018 as expeditiously as possible preferably within a period of four weeks from the date of production of certified copy Page 2 of 3 // 3 // of this order following due procedure of law and issue R.O.R., if there is no legal impediment.
8. Accordingly, this writ petition is disposed of.
Urgent certified copy of this order be granted on proper application.
( K.R. Mohapatra) Judge jm Page 3 of 3