- (1.) This appeal is directed against the judgment of the Orissa High Court in O.J.C. No. 602 of 1978. By the impugned judgment and order, the High Court after interpreting Section 4(1)(h) of Orissa Land Reforms Act, 1960 (for short the Act) did not agree with the findings of the Board of Revenue that under the above Section possession of land by the person on date of vesting is necessary for the purpose of declaration as a Raiyat.
(2.) Shortly stated facts are as follows : Respondents Nos. 1, 2 and 3 filed an application for declaration as Raiyats under Section 4(1)(h) of the Act for Survey Plot Nos. 719, 915, 804, 805, 297, 266 and 957 in village Padampur where respondents reside. This village was part of the estate of Badagada and the estate was abolished by Orissa Estates Abolition Act, 1951 (for short the Act of 1951) and the land vested in the Government free from all incumbrances w.e.f. 1-6-1953. In the above application for being declared as Raiyats, the appellant before us filed objection on the ground that the land in question belonged to the Deity of Sri Jagannath Mahaprabhu of which the appellant was a trustee. The Revenue Officer held that the respondents herein failed to prove possession of the land and the appellant also did not take any step for declaration that it was a trust estate and, therefore, rejected both the applications. In appeal filed by the appellant it was held that the appellant should have put forth his claim of hereditary trustee before the Orissa Estate Abolition Collector appointed under Act of 1951. Therefore, the plea of the appellant was not accepted. Regarding respondents Nos. 1 , 2 and 3 it was held that they failed to prove their possession and, therefore, could not be declared as Raiyats. This finding was also accepted by the Revisional Authority. A reference was made to the Board of Revenue by the Revisional Authority and the Board also agreed with the findings of the Revenue Authorities regarding personal cultivation of the land by respondents Nos. 1 to 3 and, therefore, reference was rejected.
(3.) The Tribunal constituted under Act of 1951 declared the Deity Sri Jagannath Mahaprabhu as religious trust of public nature on an application filed by the appellant.;