Case Note & Summary
The case involves a dispute over the sale of land belonging to the deity Sri Rama Laxman Sita Swamy Bije, managed by a fit person. The fit person sought permission under Section 19 of the Orissa Hindu Religious Endowments Act, 1951 to sell Ac. 4.255 decimals of land, claiming it was barren and the appellant, K. Arjun Das, was a tenant in possession paying bhag (share of crop). The Commissioner of Endowments, after inquiry, fixed an upset price of Rs. 10 lakhs per acre and granted permission to sell, offering first choice to the appellant as tenant. The appellant purchased Ac. 2.019 decimals by registered sale deeds on 2nd August 2005 and 30th August 2005 after the appeal period expired. Meanwhile, respondent nos. 4 and 5 (Lokesh Patro and Debendranath Patro) filed an intervention application before the State Government offering Rs. 30 lakhs per acre, but the State Government confirmed the Commissioner's order and directed public auction for the remaining land. Respondent nos. 4 and 5 then challenged the order in a writ petition, which was dismissed by the Single Judge. However, the Division Bench of the Orissa High Court allowed their appeal, setting aside the sale and directing a fresh public auction at Rs. 25 lakhs per acre, with respondent nos. 4 and 5 liable to purchase if the highest bid was lower. The Supreme Court allowed the appeals, holding that the Division Bench erred in ignoring the registered sale deeds and the appellant's unchallenged tenancy status. The Court noted that the appellant's tenancy was admitted in the application and supported by receipts and the Inspector's report, and was never disputed. The sale deeds were executed after the limitation period for appeal expired, and the State Government had confirmed the Commissioner's order. The High Court could not reopen the sale without setting aside the registered deeds. The Supreme Court set aside the Division Bench's judgment and restored the Single Judge's order, with directions to proceed with public auction for the remaining land only.
Headnote
A) Religious Endowments - Sale of Deity Land - Section 19 Orissa Hindu Religious Endowments Act, 1951 - Permission for Sale - The Commissioner of Endowments granted permission to sell Ac. 4.255 decimals of land belonging to the deity, fixing upset price at Rs. 10 lakhs per acre and offering first choice to the appellant as tenant. The appellant purchased Ac. 2.019 decimals after the appeal period expired. The High Court's Division Bench set aside the sale and directed public auction at Rs. 25 lakhs per acre. Held that the Division Bench erred in ignoring the registered sale deeds and the appellant's unchallenged tenancy status (Paras 1-15). B) Religious Endowments - Revisional Power - Sub-section (5) Section 19 Orissa Hindu Religious Endowments Act, 1951 - Limitation - The State Government's suo motu power under sub-section (5) must be exercised within 90 days of receipt of the Commissioner's order or publication. In this case, the State Government confirmed the Commissioner's order, and the sale deeds were executed thereafter. Held that the High Court could not reopen the sale after the statutory period and without setting aside the registered deeds (Paras 8-11). C) Religious Endowments - Tenant's Rights - Section 19 Orissa Hindu Religious Endowments Act, 1951 - Preferential Right - The appellant's tenancy was admitted in the application and supported by receipts and the Inspector's report, and was never disputed before the Commissioner or State Government. Held that the appellant had a legitimate claim to purchase the land at the fixed upset price, and the High Court's finding of no evidence of tenancy was perverse (Paras 5, 16-17).
Issue of Consideration
Whether the Division Bench of the High Court was justified in setting aside the sale of land to the appellant and directing a fresh public auction at a higher upset price, despite the sale deeds having been executed and registered after the expiry of the limitation period for appeal and without challenging the appellant's tenancy status.
Final Decision
The Supreme Court allowed the appeals, set aside the judgment of the Division Bench of the Orissa High Court dated 8th April 2009, and restored the order of the Single Judge dated 25th February 2008. The Court directed that the public auction for the remaining Ac. 2.206 decimals of land be held in accordance with law, but the sale of Ac. 2.019 decimals to the appellant was upheld.
Law Points
- Section 19 Orissa Hindu Religious Endowments Act 1951
- Sub-section (5) Section 19
- Rule 4 sub-rule (2) Orissa Hindu Religious Endowments Rules 1959
- Limitation for appeal
- Suo motu revisional power
- Tenant's preferential right
- Public auction
- Upset price fixation
