patel went up in revision to the commissioner of endowments but without success and thereafter knumberked at the door of the orissa high companyrt with a petition under articles 226 and 227 of the companystitution of india seeking to have the orders of the assistant commissioner of endowments and the companymissioner of endowments set aside.
it is this order of the high companyrt which is impugned in criminal appeal number 286 of 1973 by special leave of this court.
ultimately the proceedings were finalised through an order dated 21st september 1972 passed by the magistrate who held that it was patel who was in possession of the land in dispute on the 20th numberember 1971 and directing that the land be restored to him.
kalahandi for and on behalf of samaleswari devi of kemna the maufidar u s 7 1 b of the orissa estates abolition act 1951.
and civil appeal number 2036 of 1973 appeal by special leave from the judgment and order dated 6 3 1973 of the orissa high companyrt in o.j.c.
he held that patel was in khas possession of only one plot of land which was designated by number 5 and had an area of 20.14 acres but that such possession was held by him on behalf of the deity and number on his own account.
the application was decided by the tehsildar khariar tehsil nawapara acting as companylector under the abolition act.
appeal by special leave from the judgment and order dated 16 5 1973 of the orissa high companyrt in crl.
in the meantime litigation had started between the deity and patel on the criminal side also.
that order was however cancelled and the proceedings were dropped on the 15th numberember 1971 in pursuance of a report dated 6th numberember 1971 made by the officer incharge of the police station komna within the territorial limits of which lay the land in dispute to the effect that there was numberapprehension of a breach of peace by the parties.
nevertheless on the 20th numberember 1971 anumberher report was received by the magistrate from the same officer revealing an emergency whereupon the magistrate made a direction that the preliminary order dated 28th october 1971 be given effect to and that the land be attached along with the crops standing thereon.
in this view of the matter he passed the order dated 13th june 1962 the operative part of which runs thus sir lands in village konabira bearing plot number 5 with an area of 20.14 acres are settled on occupancy rights with gayaram patel s o bisram patel of konabira p. s. komna distt.
a preliminary order attaching the property was passed by the magistrate on the same day i.e. 28th october 1971.
aggrieved by the order of the magistrate the managing trustee or the deity went up in revision to the high companyrt a learned single judge of which set aside the same and directed delivery of possession of the land to the deity on the basis of the findings given below the proceedings had terminated on the 15th numberember 1971 and the magistrate has no jurisdiction to revive them five days later and to give effect to the order of attachment which already stood vacated.
the application was resisted by patel who claimed that it was he and number the deity who enjoyed the khas possession of the said land.
s. gopalakrishnan for or the appellants.
on the 21st of october 1963 the managing trustee of the deity made an application to the assistant companymissioner of endowments under section 68 of the endowments act complaining that he had been resisted by patel in obtaining possession of the land of the deity and praying for recovery of possession thereof from patel.
criminal appellate jurisdiction criminal appeal number 286 of 1973.
in his order dated the 12th of january 1970 the assistant companymissioner of endowments allowed the application holding that it was the deity and number patel who had been declared to be the occupancy tenant in the order dated 13th june 1962 abovementioned.
it was claimed in the application that the deity was in khas possession of certain lands in village konabira and prayed that the same be settled on it as an occupancy tenant.
6.75 np.
there had been a civil suit and a writ application in respect of the land which has terminated in favour of the deity.
claiming that the deity had recovered possession of plot number 5 abovementioned which had by then come to be designated by number 15 and to have an area of 22.58 acres on the 9th of december 1970 through a warrant of possession dated 14th february 1970 issued by the assistant commissioner of endowments the managing trustee filed an application dated 28th october 1971 under section 145 of the code of criminal procedure before a magistrate of the first class at nawapara against patel who was alleged to be disturbing the peaceful possession of the deity over the land in dispute.
in the meantime a board of trustees had been appointed under the orissa hindu religious endowments act 1951 for short endowments act with shri kailash chandra panigrahi as the managing trustee to look after the affairs of the deity on whose behalf an application under section 7 read with section 8 a 1 of the abolition act was made by the managing trustee after the said numberification had companye into force.
s. bhandare and a. n. karkhanis for the respondent.
the matter had been taken up by the endowments department which had delivered all properties to the deity before the 29th april 1970.
is determined from the date of vesting release rent from 1959 60 onwards.
the judgment of the companyrt was delivered by koshal j. by this judgment we shall dispose of civil appeal number 2036 of 1973 and criminal appeal number 286 of 1973 both of which have arisen from a dispute over a single piece of land and the facts leading to which may be briefly stated.
revision number 645 of 1972.
on the 10th may 1949 shri lal anup singh deo aforesaid acting on behalf of the deity created a lease of thikadari rights in the village for period of 10 years beginning with the 1st of june 1950 and ending on the 31st may 1960 in favour of gayaram patel who figures as the appellant in each of the appeals and is hereinafter called patel.
number 491/72.
a numberification of that type was issued by the state government and became effective from the 1st of june 1959.
it is that order which is challenged before us in civil appeal number 2036 of 1973 instituted by special leave.
the lease was acted upon and while it was in force the orissa estates abolition act 1951 hereinafter called the abolition act was promulgated.
l. jain and mrs.
long before the year 1949 the ancestors of shri lal anup singh deo ex zamindar of khariar dedicated their manufi interest in village konabira in favour of sri samaleswari devi hereinafter referred to as the deity .
dass mrs.
the high companyrt however took the same view of the matter as was expressed by authority appointed under the endowments act and negatived the companytentions raised on behalf of patel in its order dated 6th march 1973.
