Bhubaneswar: In a significant ruling in the long-pending Ekharajat Mahal land dispute involving Shree Jagannath Mahaprabhu, the Court of the Member, Board of Revenue, has directed that the disputed land in Khordha district be recorded in the name of the Shree Jagannath Temple Managing Committee through Shree Jagannath Mahaprabhu Bije, Puri.
The 33-page judgment was delivered by Member, Board of Revenue Satyabrata Sahu, who allowed two revision petitions after an expedited hearing. The Court directed the Jatani Tahasildar to amend the existing Record of Rights (RoR) and register the land under the category ‘Anabadi–Puratana Patita’ (Old Fallow Land) in the name of the temple managing committee through Shree Jagannath Mahaprabhu Bije, Puri.
The dispute relates to a large tract of land in Kudiari Mouza under Jatani Tahasil in Khordha district. The temple authorities contended that a long-term lease granted in 1951 for establishing an industrial unit was legally invalid. Based on the lease, the land was subsequently recorded in the names of private parties, including Nilamani Dubey and others, and Gopabandhu Glass & Pottery Works Limited.
In its judgment, the Court held that under Section 58 of the Orissa Hindu Religious Endowments Act, 1939, prior approval of the Commissioner of Endowments was mandatory for leasing immovable temple property for a period exceeding five years.
It observed that the opposing parties failed to produce any evidence that such approval had been obtained and clarified that the registration of a lease deed alone does not make the transaction legally valid.
The Court also noted that although the lease was granted to establish an industrial unit, no evidence was produced to show that any such unit had ever been set up or that the temple had received any financial benefit from the lease.
On the contrary, the latest field inspection report submitted by the Tahasildar found that the disputed land continues to remain vacant.
The judgment further observed that a Record of Rights does not create or confer ownership, but serves only as prima facie evidence of possession. It held that where an entry in the Record of Rights is based on an unlawful transaction, the revisional authority has full jurisdiction to correct it.
The Court also referred to the Supreme Court’s judgment in Shree Jagannath Temple Managing Committee vs. Siddha Math, observing that the special statutory provisions enacted to protect temple properties must take precedence and that no legal rights can arise in violation of those provisions.
The Court held that the Record of Rights prepared in 1965 suffered from legal infirmities and could not be sustained. It consequently allowed the revision petitions and directed the Jatani Tahasildar to immediately correct the revenue records.
According to legal experts, the judgment is expected to serve as an important precedent in disputes involving the protection of properties belonging to temples and other religious institutions.
The press release also noted that the Revenue and Disaster Management Department has established the Shree Jagannath Mahaprabhu Land Cell to safeguard, preserve and ensure the proper management of Lord Jagannath’s immovable properties across Odisha.
Welcoming the verdict, senior advocate Ambika Prasad Mishra, who represented Shree Jagannath Mahaprabhu Bije, Puri, through the Shree Jagannath Temple Managing Committee, said the temple administration remains committed to taking the necessary legal and administrative steps to restore and protect Lord Jagannath’s landed properties. The verdict has also been welcomed by devotees of Lord Jagannath.
