Summary
Purchasers challenged a High Court order reopening a sanctioned sale of religious endowment land on the basis of later higher offers. The Court held that the statutory safeguards had been followed, the price had a reasoned evidentiary basis and the purchasers’ tenancy was supported by the record. Protection of the deity’s interests did not justify bypassing the governing law to nullify completed registered sales. The re-auction direction was set aside.
Issues
- Whether later higher offers justified undoing the completed sanctioned sale in writ proceedings.
- Whether the Commissioner’s price fixation and preferential sale complied with the endowment statute.
Provisions considered
- Section 19, Orissa Hindu Religious Endowments Act, 1951The statutory sanction, publication, appeal and revision framework governed alienation; protection of the deity’s property had to operate within those safeguards. (¶¶ 25, 26, 27, 28, 29, 30, 31)
Held
- The Commissioner considered the long-standing tenant’s evidence, lack of productive income, the Inspector’s comparable-sale assessment and intervening appreciation. Fixing Rs.10 lakh per acre and giving the occupant first choice had a reasoned factual foundation; the statutory publication and review processes had been followed. (¶¶ 5, 6, 7, 8, 9, 10, 11, 25, 26, 27, 28, 29)
- The laudable duty to protect a deity’s property did not permit disregard of the statutory framework. A later offer from intervenors could not indirectly nullify completed registered deeds without an established defect in the decision-making process; any available deed challenge had to follow appropriate proceedings. (¶¶ 30, 31, 32, 33)
- The intervenors’ purchase of adjoining land at a lower price undermined their attack on the earlier valuation. Their latest conditional offer could be noted in any lawful future decision concerning the unsold balance, without reopening the appellants’ completed acquisition. (¶¶ 32, 34)
Result
The appeals were allowed without costs and the Division Bench judgment directing re-auction was set aside. The completed sales of 2.019 acres remained undisturbed. Any alienation of the remaining 2.206 acres was left to statutory compliance, with the recorded later offer available for consideration. Pending applications were disposed of.