K. Arjun Das vs Commissioner Of Endowments, Orissa

2. The brief facts culled out and relevant for the purpose are that the fit person, namely, Sunaram Sabat on behalf of the deity Sri Rama Laxman Sita Swamy Bije at P.O. Luchapada, District Ganjam filed an application under Section 19 of the Orissa Hindu Religious Endowments Act, 1951(hereinafter being referred to as the “Act, 1951”) seeking permission for sale of Ac. 4.255 decimals of land belong to the deity indicated in the application and referred to by the Commissioner Endowments, Orissa, Bhubaneshwar in its order dated 22nd February, 2005.

3. It was pleaded that the subject land in reference to which the permission is being sought was managed by him and is 2 recorded in the name of the deity under Sections 6 and 7 of the Act, 1951 and it is lying barren and no income is being derived by the institution and is in possession of the appellant (K. Arjun Das, s/o K. Pitabas Das) for a long time and the income derived from it is very scanty. According to him, the market value of the subject land may be about Rs. 2 lakhs per acre and in case it is sold, the sale proceeds may be kept in fixed deposit account and it will fetch more than the present income and, therefore, requested that the proposed sale is, therefore necessary and beneficial in the interest of the deity.

6. Taking note of the fact that application was filed in the year 2001, the Inspector Endowments submitted his report on 27 th April, 2002 relying on the sale statistics of the year 2000 and 2001 and four years have been rolled by and there is always a considerable increase in the market value of the land day by day noticing the cumulative effect of the facts into consideration, the Commissioner Endowments with due diligence fixed Rs. 10 lakhs 4 per acre as upset price and accorded permission for sale. The appellant being in possession of the subject land, the Commissioner Endowments considered it appropriate to offer first choice to purchase subject land at the rate of Rs. 10 lakhs per acre and in case he fails to purchase, the subject land be put to public auction fixing Rs. 10 lakhs per acre as the upset price and such auction be conducted in the presence of Inspector Endowments and while disposing of the application vide order dated 22nd February, 2005, apart from execution of the sale deed, the order to be published in the religious institution and in a conspicuous place of the locality where the property is situated as per rule 4 sub­rule (2) of clauses (1) and (b) of the Orissa Hindu Religious Endowments Rules, 1959(hereinafter being referred to as “Rules 1959”).

9. Since the limitation of filing appeal against the order of Commissioner Endowments expired in terms of sub­section (4) of Section 19 of the Act on 6th May, 2005, the sale deeds were executed and registered in favour of the appellant in respect of the land admeasuring Ac. 2.019 decimals on payment of Rs. 20.19 lakhs on 2nd August, 2005 and 30th August, 2005 respectively.

11. The State Government after taking note of the rival claims and noticing that it was time barred claim of the intervenors and also the fact that the sale deed for Ac. 2.019 decimals of land has been executed by a registered deed on 2 nd August, 2005 and 30th August, 2005 respectively and took note of the report of the 7 Inspector Endowments who also opined that land could fetch Rs. 5.50 lakhs per acre in the year 2002 and the Commissioner Endowments has granted permission to sell the land in the year 2005 at the rate of Rs. 10 lakhs per acre with preferential right to the appellant. As regards the intervention application filed by respondent nos. 4 and 5, it was alleged that they never pleaded before the Commissioner Endowments despite publication nor filed any appeal confirmed the order of the Commissioner Endowments vide its order dated 30 th May, 2006. However, further directed that with regard to the remaining Ac. 2.206 decimals of land, the same may be sold by public auction after due publicity in accordance with law.

14. The Single Judge of the High Court after noticing the facts of the case observed that the land ad­measuring Ac. 2.019 decimals has been sold in February, 2005 by a registered sale deed and is no more available for public auction and there is no procedural defect in the decision making process pointed out by the writ petitioners and the action being in conformity with the provisions of the Act, 1951 dismissed the writ petition vide order dated 25th February, 2008 with a liberty to go ahead for public auction of the remaining land ad­measuring Ac. 2.206 decimals after adopting the procedure prescribed under the Act, 1951.

15. The order of the Single Judge came to be challenged by respondent nos. 4 & 5 in Letters Patent Appeal before the Division Bench of the High Court which came to be allowed under the judgment impugned dated 8 th April, 2009 on the premise that there was no evidence to show that the appellant was tenant and there was no basis to fix the price at Rs. 10 lakhs 9 per acre and accordingly directed the Commissioner Endowments to put the total land as prayed for public auction at the rate of Rs. 25 lakhs per acre which was offered by respondent nos. 4 and 5 and in case the property fails to fetch Rs. 25 lakhs per acre, respondent nos. 4 & 5(original writ petitioners) shall be responsible to purchase the property @ Rs. 25 lakhs per acre and in the event of non­deposit, the District Collector, Ganjam shall recover the said amount as a land revenue which is a subject matter of challenge in the appeals before us at the instance of the persons in whose favour the sale deed was executed and registered in reference to land ad­measuring Ac. 2.019 decimals dated 2nd August, 2005 and 30th August, 2005 respectively and also by the applicants who later purchased a piece of land from the present appellant in Civil Appeal No. 9576 of 2010 claiming to be the bonafide purchaser, and their rights are being infringed by the judgment of Division Bench impugned dated 8 th April, 2009.

17. Learned counsel submits that the Commissioner Endowments after holding enquiry under sub­section(1) of Section 19 of the Act, 1951 of which a detailed reference has been made fixed a valuation at the rate of Rs. 10 lakhs per care as it reveals from its order dated 22 nd February, 2005. That apart, there was a concealment on the part of respondent nos. 4 11 & 5 that they have purchased an adjoining piece of land from the private land owner for a consideration of Rs. 6.50 lakhs per acre by registered sale deed dated 27 th December, 2006. Still they intervened in the instant proceedings to purchase a piece of land extending an area of Ac. 0.0619 decimals and not the total subject land which was purchased by the appellant ad­ measuring Ac. 2.019 decimals at the rate of Rs. 10 lakhs per acre as fixed by the Commissioner Endowments after holding inquiry under the Act, 1951.

24. At the outset, it may be noticed that the present appellant is only concerned in respect of the land ad­measuring Ac. 2.019 decimals in reference to which the sale deed was executed and registered in his favour on 2nd August, 2005 and 30th August, 2005 respectively.

[(4) The trustee may, within thirty days from the date of receipt of a copy of the order and any person having interest may, within thirty days from the date of publication of the order, appeal to the State Government to modify the order or set it aside: 17

35. The appeals succeed and are accordingly allowed. The judgment of the Division Bench of the High Court dated 8 th April, 2009 is hereby set aside with the observations(supra). No costs.

36. Pending application(s), if any, stand disposed of.