- (1.)Mr. Mohanty, learned advocate appears on behalf of petitioner-deity. He draws attention to annexure-1 being communication dtd. 23/9/2017 made by Revenue Divisional Commissioner to Collector, Puri with copies forwarded to Secretary, Board of Revenue, Odisha and Executive Officer of the temple. Essentially the communication is that veracity of Orissa Endowments Act order permitting sale of deity's land to predecessors-in-interest of private opposite party nos.6 to 10. He submits, land to be retained by the deity under Orissa Estates Abolition Act and recorded in consolidated RoR, finalized in year 1983 in respect of Hal Plot no.1120 Ac.093 dec. of Hal Khata no.405 relating to village Utarasasan, in favour of the deity under Bebandobasta status. Subsequently, the land was recorded in favour of different private individuals on basis of OEA Case no.313 of 1991, record of which is not available.
(2.)In spite of above communication nothing was done by the Collector.
(3.)Drawing attention to page 5 of impugned order he submits, purported alienation of the deity's land was made under cover of order dtd. 15/2/1984 in O.A. Case no.152 of 1981, made under sec. 19 in Orissa Hindu Religious Endowments Act, 1951. Said order related to other properties in remote areas. The land alienated is in Bhubaneswar and there was no permission granted under sec. 19. In the circumstances, the sec. 25 application could not have been rejected.