Bhubaneswar: In a significant ruling aimed at safeguarding temple properties, the Odisha Board of Revenue has ordered the correction of the Record of Rights (RoR) of a disputed parcel of land in Khordha district, directing that it be recorded in the name of Shree Jagannath Mahaprabhu Bijé, Puri, through the Shree Jagannath Temple Managing Committee.
Member of the Board of Revenue Satyabrata Sahu delivered the 33-page judgment after hearing two revision petitions relating to a long-pending land dispute involving properties of Lord Jagannath under the Ekharajat Mahal. The order directs the Jatani Tahasildar to immediately correct the Record of Rights in favour of the temple.
The dispute pertains to a large tract of land in Kudiari Mouza under Jatani Tahasil. According to the temple administration, a long-term lease granted in 1951 for establishing an industrial unit was not legally valid under the law then in force. It argued that subsequent RoR entries in the names of private parties, including Nilamani Dube and others and Gopabandhu Glass and Pottery Works Limited, were based on that invalid lease.
The Board observed that under Section 58 of the Odisha Hindu Religious Endowments Act, 1939, any lease of immovable temple property exceeding five years required the prior approval of the Commissioner of Endowments. The judgment noted that the opposite parties failed to produce any evidence showing that such mandatory approval had been obtained, adding that mere registration of a lease deed did not validate the transaction.
The order further stated that although the lease was granted for setting up an industrial unit, no records were produced to establish that the proposed industry was ever established or that the temple derived any financial benefit from the arrangement. Instead, the latest field inspection report submitted by the Tahasildar indicated that the disputed land continues to remain vacant.
The Board also reiterated that entries in the Record of Rights do not confer ownership but only constitute prima facie evidence of possession. It held that where the foundation of an RoR entry is based on an illegal transaction, the revisional authority has the jurisdiction to rectify the record.
Referring to the Supreme Court’s ruling in the case of Shree Jagannath Temple Managing Committee versus Siddha Math, the judgment emphasised that the provisions of special laws enacted for the protection of temple properties take precedence and that no rights can be created in violation of those statutory safeguards.
Holding that the Record of Rights prepared in 1965 suffered from legal infirmities, the Board allowed both revision petitions and directed the Jatani Tahasildar to record the land in the name of Shree Jagannath Mahaprabhu Bijé, Puri, through the Shree Jagannath Temple Managing Committee, under the kisam “Anabadi-Puratan Patita” (uncultivated ancient fallow).
Legal experts said the ruling is likely to serve as an important precedent in future disputes involving temple and religious institution properties. The judgment comes at a time when the State Revenue Administration has intensified efforts to secure the immovable properties of Lord Jagannath across Odisha through the newly created “Shree Jagannath Mahaprabhu Land Cell” under the Revenue and Disaster Management Department.
Senior advocate Ambika Prasad Mishra, appearing for the Shree Jagannath Temple Managing Committee, welcomed the verdict and said the temple administration would continue to take necessary legal steps to recover properties belonging to Lord Jagannath. The ruling has also been welcomed by devotees of the deity.
