The division bench of the Orissa High Court, while noting that the necessary requirements with regards to the sale deed for the land owned by the lord, were complied with by the petitioner, directed the Jagannath Temple Administrator to execute and register the sale deed in favor of the petitioner.
Brief Facts
The petitioner through the current petition is seeking directions upon the opposite party no.1 and 2, to execute and register the deed of sale in its favor. The land as mentioned in the prayer is standing recorded in the name of Shri Jagannath Mahaprabhu Marfat Shri Mandir Prashashak, Puri (Temple Administrator).
Contentions of the Petitioner
According to the learned counsel for the petitioner, the execution of conveyance and registration thereof has been held up because of the purported resistance by Opposing Party No. 3, and they have filed several writ petitions, most of which were dismissed as not pressing.
Contentions of the Respondent
Learned Advocate on the behalf of the Opposite part no. 3 submits that the procedure prescribed for applying to buy land belonging to the Lord was complied with by his client, the application was made and it was duly received by the Temple administration. Later through the letter dt. 15th June, 2014 the administrator told the co-ordination officer that his client had made an application but it was not considered.
The learned counsel for the Temple Administration, on the other hand, has submitted that consideration had been received from the petitioner and his client is ready to execute the documents for the conveyance of title to the petitioner in compliance with formalities. Further, the formalities are that there need to be given approval by the Temple Management Committee as also from the State Government
Observations of the Court
The court noted the directions given under the order dt. 26th July 2017 which was passed in WP(C) no. 27372 of 2013 on the functionary of State to enquire into the matter. In accordance with it, the Tahsildar duly enquired and upon obtaining satisfaction, the case record was sent to the administrator, Shree Jagannath Temple Puri under office letter no.1375 dated 2nd May, 2018, for registration in favor of the petitioner. Therefore, the requirements for the sale deed were fulfilled and accordingly the opposite party no. 1 was directed to execute the sale deed and notify the petitioner for joining in registering the deed.
Judgment of the Court
The writ petition was disposed of and the execution of the sale deed was directed.
Case Title: Saraswati Sishu Vidhya Mandir, Sikharpur v. Chief Administration, Lord Shree Jagannath Temple Administration, Puri and others
Coram: Justice Arindam Sinha and Justice Sanjay Kumar Mishra
Case No.: W.P.(C) No. 438 of 2022
Advocate for the Appellant: Mr. S. S. Das, Senior Advocate
Advocate for the Respondent:
Mr. A. K. Nanda, AGA
Mr. Subrat Satpathy, Advocate (For O.P. no.1)
Mr. Nilamadhab Sarkar, advocate (For O.P. no.3)
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