In a landmark judgment, the Member, Board of Revenue, has observed that provisions of the Odisha Estate Abolition Act would not be applicable to tenants of Lord Lingaraj land.
Pronouncing judgment in Revision Case No. 2043, he has clarified that tenants of Lord Lingaraj land cannot invoke Section 8(1) of the Act to claim themselves as tenants under the State Government.
Dispelling this wrong understanding of revenue laws, the Member, Board of Revenue stated that the said provisions do not apply to such lands belonging to the deity.
Because the deity is a perpetual minor, He requires protection by all State authorities. In this case, the petitioner had purchased 31 decimals of land in Bhimpur Mouza of Bhubaneswar from another private party without due care as the land belonged to Lord Lingaraj. With this reasoning, the Court of Member, Board of Revenue rejected the revision petition and ordered restoration of this land to Lord Lingaraj. Further, he gave direction to the temple authorities to verify the remaining land amounting to one acre and 59 decimals in the same plot.
The temple administration also came under fire for resorting to the misconception regarding the Odisha Estate Abolition Act. The officials representing the aministration maintained that as per Section 8(1) of the Act, the Estates have been abolished.
Therefore, the tenants under Lord Lingaraj became tenants under the State. This reasoning was stretched further to establish that in such cases, there is no role for Lord Lingaraj, as those tenants came directly under the Government.
Dismissing this reasoning, the Member of Board of Revenue observed that as Lord Lingaraj’s lands were declared as Trust Estate, Sec 8(1) would not be applicable here. This case highlighted once again the need for people purchasing land to check the records carefully to see that the person selling such land to them actually had the right to sell property.