Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 7729 of 2009, Judgment Date: Dec 16, 2015

                                  REPORTABLE

                           IN THE SUPREME COURT OF INDIA
                            CIVIL APPELLATE JURISDICTION

                          CIVIL APPEAL NO.7729 OF 2009


SRI JAGANNATH TEMPLE MANAGING COMMITTEE                        …………APPELLANT

                                     Vs.

SIDDHA MATH & ORS.                                             ……RESPONDENTS

                                    WITH

                        CIVIL APPEAL NO.7730 OF 2009
                        CIVIL APPEAL NO.142  OF 2010
                        CIVIL APPEAL NO.221  OF 2010
                        CIVIL APPEAL NO.2981 OF 2010
                        CIVIL APPEAL NO.3414 OF 2010
                        CIVIL APPEAL NO.3415 OF 2010
                        CIVIL APPEAL NO.3446 OF 2010
                    CIVIL APPEAL NOS.14631-14632 OF 2015
               (Arising Out of SLP (C) Nos.9167-9168 of 2010)
                                     AND
                        CIVIL APPEAL NO.9627 OF 2010
                                J U D G M E N T


V. GOPALA GOWDA, J.



Leave granted in the Special Leave Petitions.
The present appeals arise out of  the  impugned  judgment  and  order  dated
07.07.2009 passed in Original Jurisdiction Case No. 2421 of 2000  and  other
Writ Petitions which were  disposed  of  in  terms  of  the  judgment  dated
07.07.2009 by the High Court of Orissa at Cuttack, whereby  the  High  Court
allowed the Writ Petitions filed by the respondents herein and held that  as
the disputed land  was  earlier  settled  in  the  name  of  Shri  Jagannath
Mahaprabhu Bije Puri, Marfat Siddha Brundaban  Ramanuj  Das  and  thus,  the
subsequent settlement made in favour of the  Temple  Managing  Committee  in
OEA Claim Case No. 68/90 was without jurisdiction.
 As the facts in all the appeals are common, for the  sake  of  convenience,
we refer to the facts of Civil Appeal No. 7729 of 2009, which are stated  in
brief hereunder:

     The present case revolves around the ancient temple of  Lord  Jagannath
of  Puri.  The  lands  in  question  have  been  accorded  the   status   of
‘amrutamanohi’ properties. On 18.03.1974, the  State  Government  of  Orissa
issued a notification under Section 3-A of the Orissa Estate Abolition  Act,
1951(hereinafter referred to as the “OEA Act, 1951”), whereby the estate  of
Lord Jagannath Mahaprabhu Bije, Puri vested in  the  State  Government.  The
vesting notification was challenged by the Temple before the High  Court  of
Orissa in Original Jurisdiction  Case  No.  233  of  1977.  The  High  Court
rejected the claim of the Temple. The same was upheld  by  this  Court  vide
its judgment  in  the  case  of  Lord  Jagannath  through  Jagannath  Singri
Narasingh Das Mahapatra Sridhar Panda and Ors  v.  State  of  Orissa[1].  We
will advert to this judgment in detail at a later  part  of  this  judgment.
The State Government of Orissa  subsequently  issued  a  notification  dated
18.04.1989 and extended the time for filing claims under Section 8-A of  the
OEA Act, within which the Temple  filed  Claim  Case  No.  68  of  1990  for
recording the lands in question in  favour  of  Shree  Jagannath  Mahaprabhu
Bije, Puri, Marfat Shree Jagannath Temple  Managing  Committee.  Vide  order
dated 30.11.1992, the OEA Collector and Tahsildar, Puri  observed  that  the
suit lands in question have been recorded in  the  name  of  Shri  Jagannath
Mahaprabhu Bije, Srikhetra,  and  accordingly  settled  the  suit  lands  in
favour of the Temple. In the year 2000, the  respondent-Math  filed  a  Writ
Petition  before  the  High  Court  of  Orissa  at   Cuttack   in   Original
Jurisdiction Case No. 2421 of 2000, challenging the order of  the  Tahsildar
dated 30.11.1992 on  the  ground  that  the  lands  in  question  have  been
accorded the status of ‘amrutamanohi’ and that they were recorded  as  Trust
Estate as defined under Section 2(oo) of the OEA Act, 1951  and  that  lands
had wrongly been settled in favour of the Temple.  The  High  Court  by  the
impugned judgment dated 07.07.2009 set aside  the  order  of  the  Tahsildar
dated 30.11.1992 and held as under:

“……it is seen in the instant  case,  the  property  has  been  dedicated  as
Amrutmonahi to Lord Sri Jagannath of Puri and the marfatdar of the  property
is Mahanta Siddha Brundaban Ramanuj Das.  Thus,  the  property  is  attached
with a charge of rendering service to Lord Jagannath by using the  usufructs
thereof as food offering to Lord Jagannath by using the usufructs threof  as
food offering to Lord Jagannath. It is  further  found  that  on  the  above
analysis, the property cannot be  held  to  be  under  the  control  of  the
administrator of Shri Jagannath Temple but  is  a  trust  property  attached
with a charge and the trustee has to fulfil the wish  of  the  dedicator  of
the said property by offering  the  usufructs  to  Lord  Jagannath  as  food
offering. However, since the trustee/marfatdar  is  the  Mahanta  of  Siddha
Math, it cannot be said that the math has absolutely no  interest  over  the
said property just because it  is  recorded  as  Amrutmonohi.  Applying  the
ratio of the decision in the case  of  Mahanta  Shri  Srinivas  Ramanuj  Das
(supra) of the Supreme Court,  it  is  seen  that  the  Siddha  Math  is  an
institution, which comes  within  the  definition  of  ‘Math’  as  given  in
section 3 (vii) of the Orissa Hindu  Religious  Endowments  Act,  1951.  The
property involved in this Writ  Petition  comes  within  the  definition  of
“Trust Estate” as defined in section 2(oo) of the O.E.A Act  and  vested  in
the State Government pursuant to the notification made under Section 3-A  of
the O.E.A Act issued on 18.03.1974. It is also  an  admitted  position  that
upon such vesting, the intermediary had  a  right  to  make  an  application
under sections 6 and 7 of the O.E.A Act. As a  matter  of  fact,  as  stated
earlier, such application was made by the marfatdar  of  the  property,  i.e
Mahanta of Siddha Math and  the  land  was  settled  in  the  name  of  Shri
Jagannath Mohaprabhu Bije, Puri  marfat  Mahanta  Siddha  Brundaban  Ramanuj
Das. Hence there was no  scope  for  the  administrator  of  Shri  Jagannath
Temple to make a subsequent application under sections 6 and 7 of the  O.E.A
Act for re-settlement of the land and the impugned  order  dated  30.11.1992
having been passed without jurisdiction cannot be  sustained  and  the  said
order is accordingly quashed.”

Hence, the present appeals have been  filed  by  the  appellant  Temple  and
State Government and others.
We have heard the learned senior counsel for both the parties. We have  also
heard Mr. Vinoo Bhagat, the learned counsel appearing on behalf of the  Math
in the C.As. @ Special Leave Petition (Civil) Nos.  9167-9168  of  2010  and
Ms. V.S. Lakshmi, learned counsel appearing on behalf of the  Math  in  C.A.
No. 9627 of 2010. On the basis of the factual evidence  on  record  produced
before us, the circumstances of the case and also in the light of the  rival
legal contentions urged by the learned senior counsel for both the  parties,
we have broadly framed the following points which require our attention  and
consideration:-
 Whether the suit lands can vest in the respondent Math in the light of  the
provisions of the Shri Jagannath Temple Act, 1955?

 Whether even otherwise, the Math had the right to prefer  claim  rights  in
respect of the Temple Lands and initiate the proceedings under the OEA  Act,
1951 by virtue of being an intermediary?

 What order?

Answer to Point No.1
At the outset, before we advert  to  the  rival  legal  contentions  of  the
learned senior counsel appearing on  behalf  of  both  the  parties,  it  is
important for us to examine the provisions of the relevant Acts, as well  as
the previous judgments of this Court on the issue. There are  two  important
acts which operate in the instant case. The  first  is  the  Shri  Jagannath
Temple Act, 1955 (hereinafter referred to as the “Temple  Act,  1955”).  The
long title of the Act reads as follows:

“An Act  to  provide  for  better  administration  and  governance  of  Shri
Jagannath Temple at Puri and its endowments.”


The Preamble of the Temple Act, 1955 states as under:
“Whereas the ancient Temple of Lord Jagannath of Puri  has  ever  since  its
inception been  an  institution  of  unique  national  importance  in  which
millions of Hindu devotees from regions far  and  wide  have  reposed  their
faith and belief and have regarded it as the epitome of their tradition  and
culture.
And whereas by Regulation IV of  1809  passed  by  the  Governor-General  in
Council on 28th April, 1809 and thereafter by  other  laws  and  regulations
and in pursuance of arrangement entered into with the Raja of Khurda,  later
designated the Raja of Puri, the said Raja came to be  entrusted  hereditary
with the management of the affairs of  the  Temple  and  its  properties  as
Superintendent subject to the control and supervision of the ruling power;
And  whereas  in  view  of  grave  and  serious  irregularities   thereafter
Government had to intervene on various occasions in the  past;  And  whereas
the administration under the Superintendent has further deteriorated  and  a
situation has arisen rendering it expedient  to  reorganize  the  scheme  of
management of the affairs of the  Temple  and  its  properties  and  provide
better administration  and  governance  therefore  in  supersession  of  all
previous laws, regulations and arrangements, having regard  to  the  ancient
customs and  usages  and  the  unique  and  traditional  nitis  and  rituals
contained in the Record-of-Rights prepared under  the  Puri  Shri  Jagannath
Temple (Administration) Act, 1952 (Orissa Act XIV of 1952)…………”
                  (emphasis laid by this Court)
Section 2 of the Temple Act, 1955 bars the operation  of  the  Orissa  Hindu
Religious Endowments Act, 1951 on the Temple, and reads as follows:
“2 (1): The provisions of the Orissa Hindu Religious  Endowments  Act,  1951
(Orissa Act 2 of 1952) shall cease to apply to the said Temple  except  with
respect to actions taken, things done and contributions levied and the  same
shall be deemed to have been validly taken, done and levied as if  this  Act
had not been passed:
(2) All laws, regulations and other enactments passed  for  the  purpose  of
providing  for  the  management  of  the  affairs  of  the  Temple  and  its
properties and all deeds executed in favour of and all arrangements  entered
into for the said purpose with the Raja of Khurda or the Raja  of  Puri,  as
the case may be, prior to the commencement of this Act, in so  far  as  such
enactments, deeds or arrangements are inconsistent with  the  provisions  of
this Act, shall cease to have any effect.”


Section 5 of the Temple Act, 1955 provides for the setting up  of  a  Temple
Managing Committee as under:
“5. Notwithstanding anything in any other law for the time  being  in  force
or custom, usage or contract, Sanad, deed or engagement, the  administration
and the governance of  the  Temple  and  its  endowments  shall  vest  in  a
Committee called the Shri Jagannath Temple  Managing  Committee  constituted
as such  by  the  State  Government,  and  it  shall  have  the  rights  and
privileges in respect thereof as provided in Section 33.”


Section 30 of the Temple Act, 1955 grants power of  general  superintendence
of the Temple and its endowments to the  State  Government  which  may  pass
orders for the maintenance and administration of the temple, which reads  as
under:
“30. (1) Subject to the provisions of this Act the  general  superintendence
of the Temple and its endowments shall vest in the  State  Government  which
may pass any orders that may be deemed necessary for the proper  maintenance
or administration of the Temple or its endowments or in the interest of  the
general public worshipping in the Temple.”

Section 33 of  the  Temple  Act,  1955  empowers  the  Committee  to  be  in
possession of all the moveable and immoveable properties  belonging  to  the
Temple. It reads as under:
“33. (1) The Committee shall be entitled to take and  be  in  possession  of
all movable and immovable properties including the Ratna Bhandar  and  funds
and jewelries, records, documents and other assets belonging to Temple.”


A Constitution  Bench  of  this  Court  had  the  occasion  to  examine  the
provisions of the Temple Act, 1955 in detail, while  adjudicating  upon  its
constitutional validity in the case of Raja Bira Kishore  Deb  v.  State  of
Orissa[2]. Wanchoo, J., speaking for the bench observed as under:
“This review of the provisions of the Act shows that  broadly  speaking  the
Act provides for the management of the secular affairs  of  the  Temple  and
does not interfere, with the religious affairs thereof,  which  have  to  be
performed according to the record of rights prepared under the Act  of  1952
and where there  is no such record of rights in accordance with  custom  and
usage obtaining in     the Temple. It is in this background that we have  to
consider the attack on the constitutionality of the Act.”


After adverting to the history of the administration of the Temple,  it  was
also held:
“Finally the preamble says that the administration under the  superintendent
has further deteriorated and a situation has arisen rendering  it  expedient
to reorganize the scheme of management of the affairs of the Temple and  its
properties and provide better administration  and  governance  therefore  in
supersession of all    previous laws, regulations and  arrangements,  having
regard to the ancient customs and usages  and  the  unique  and  traditional
nitis and rituals contained in the  record  of  rights  prepared  under  the
1952 Act. So for all these reasons the appellant was removed from  the  sole
superintendence of the Temple and a committee was appointed by s. 6  of  the
Act for its management.”
                  (emphasis laid by this Court)

A perusal of the provisions of the Act and the decision  of  this  Court  in
the case of Raja Bira Kishore Deb referred to supra clearly  shows  that  as
far as Shri Jagannath Temple of Puri is concerned, the position  of  law  is
that all the endowments and properties belonging to the Temple vest  in  the
Shri Jagannath Temple Managing Committee.
We now turn our attention to the OEA Act, 1951. The Act received the  assent
of the President on 23.01.1952. The long title of the Act reads as follows:

“An act to provide for the abolition of all the rights, title  and  interest
in land of intermediaries by whatever name known, including  the  mortgagees
and lessees of such interest, between the raiyat and the  state  of  Orissa,
for vesting in the said state of the said right, title and interest  and  to
make provision for other matter connected therewith……”

All estates of the intermediaries were thus,  abolished  and  by  way  of  a
notification, stood vested in the State Government.  Section  2(oo)  of  the
OEA Act, 1951 (which was inserted by way of an Amendment in 1974) defines  a
Trust Estate as under:
“‘trust estate’ means an estate the whole of the net  income  whereof  under
any trust or other  legal  obligation  has  been  dedicated  exclusively  to
charitable or religious purposes of a public nature without any  reservation
of pecuniary benefit to any individual :
Provided that all estates belonging to the Temple of Lord Jagannath at  Puri
within the meaning of the Shri Jagannath Temple Act, 1955  and  all  estates
declared to be trust estates by a competent authority under this  Act  prior
to  the  date  of  coming  into  force  of  the  Orissa  Estates   Abolition
(Amendment) Act, 1970 shall be deemed to be trust estates.”
(emphasis laid by this Court)

Section 3 of the OEA Act, 1951 provides for vesting  of  an  estate  in  the
State by way of a notification as under:
“3. Notification vesting an estate in the State – (1) The State  Government,
may from time to time by notification, declare that the estate specified  in
the notification has passed to and become vested in the State free from  all
encumbrances.”
“(3) Such publication shall be conclusive evidence  of  the  notice  of  the
declaration to everybody whose interest is affected by it.”

Section 2(oo) was  inserted  by  way  of  an  amendment  on  26.02.1974.  On
18.03.1974, a notification was issued by the State Government under  Section
3-A whereby the estate of Lord Jagannath vested with the  State  Government.
The  validity  of  the  notification  was   challenged,   which   came   for
consideration before a Division Bench of this Court  in  the  case  of  Lord
Jagannath  referred  to  supra.  This  Court  upheld  the  validity  of  the
notification declaring the estate of Lord Jagannath as ‘trust estate’  after
giving the reasons as follows:

“It  is  true  that  an  order  was  passed  under  s.13-G   declaring   the
petitioner's estate as a trust estate" and further      by the insertion  of
clause (oo) in s  2  the  petitioner's  estate  continued  to  be  a  'trust
estate",    but the question is as to  what  is  the  legal  effect  flowing
from such a declaration This aspect is dealt within s 13-I, which is  quoted
as under (omitting sub-section (2) which is  not  relevant  in  the  present
context):
"13-1. Effect of orders passed under  section  13-G:       (I)  All  estates
declared under this Chapter to be trust estates   by  the  Tribunal  or  the
High Court, as the  case  may        be,  shall   he  deemed  to  have  been
excluded from the operation of    the vesting     notification and never  to
have vested in the State in pursuance thereof."


It is manifest from the language of the Section  that  it  saves  a  ''trust
estate" so declared under s. 13-G  from  the  operation  of  a  notification
issued under s. 3 or 3-A,   but does not extend the benefit any further  The
provisions do not confer protection  from  the  Act  itself  and  cannot  be
interpreted to   clothe it with a permanent immunity from being vested by  a
later notification issued under the    Act Such an estate  could  be  vested
in the State of Orissa by  a  subsequent  notification  was  made  clear  by
clause (b) of s 13-K which reads as follows:
‘(a) . . .
(b)nothing in this Chapter shall be deemed to  debar  the  State  Government
from vesting any trust estate by the issue of a notification  under  Section
3.’
Sections 7-A, 8-A, 8-D and X-E of the Act include special provisions  for  a
trust estate and unmistakably indicate that trust estates"  are  within  the
purview of the Act. The benefit they receive from a declaration under  s.13-
G is limited and referable only to a vesting notification issued    earlier.
There is thus, no merit in the argument  of  the  learned  counsel  for  the
appellant that the petitioner's estate could not be vested in the  State  by
a notification issued subsequently.”


It is important to note at this stage that while upholding the  validity  of
the notification, this Court did not advert to the provisions of the  Temple
Act, 1955 at all.

Another judgment of this Court which is important  to  be  examined  is  the
Constitution Bench decision in the case of Mahant Shri Srinivas Ramanuj  Das
v.  Surjanarayan  Das[3],  which  examined  the  nature  of   ‘amrutamanohi’
properties.

 Mr. M.L. Varma, the learned senior  counsel  appearing  on  behalf  of  the
respondent Math contends  that  the  controversy  in  the  instant  case  is
squarely covered  by  two  judgments  of  this  Court,  the  Division  Bench
judgment in the case of Lord Jagannath and the Constitution  Bench  judgment
in the case of Surjanarayan  Das  referred  to  supra.  The  learned  senior
counsel places strong reliance on the following paragraphs of  the  decision
in the case of Surjanarayan Das (supra):
“40. We may now consider the properties in  schedule  Kha  said  to  be  the
Amruta Monohi properties of Lord Jagannath and  held  by  the  plaintiff  as
marfatdar. The plaintiff alleges that these properties were acquired  either
by purchase or 'krayadan' or by way of gift subject  to  a  charge  of  some
offering to Lord Jagannath which depended upon the individual  judgment  and
discretion of the plaintiff, and that the public had  no  concern  with  the
enjoyment or management of the  usufruct  thereof.  The  Gazetteer  makes  a
reference to such properties and states:-
‘Both Saiva and Vaishnava Maths exist in Puri. The lands of the  latter  are
known as Amruta Manohi (literally nectar  food),  because  they  were  given
with the intention that the proceeds thereof should  be  spent  in  offering
bhoga before Jagannath and that  the  Mahaprasad  thus  obtained  should  be
distributed among pilgrims, beggars and ascetics;  they  are  distinct  from
the  Amrut  Manohi  lands  of  the  Temple  itself  which  are   under   the
superintendence of the Raja.’
This statement makes it clear that lands  endowed  to  the  temple  of  Lord
Jagannath are distinct from the lands or property endowed to  the  Vaishnava
Maths for the purpose of utilising the  proceeds  of  those  properties  for
offering bhoga before Lord Jagannath  and  the  subsequent  distribution  of
that Mahaprasad among pilgrims, beggars and  ascetics,  presumably  visiting
the Math, or approaching its authorities for a portion of the  Maha  Prasad.
The mere fact that the proceeds of the properties were to be so used,  would
not justify the conclusion that these properties were  not  endowed  to  the
Maths but were endowed to the temple of Lord Jagannath.  Properties  endowed
to the temple of Lord Jagannath were, according to this  statement,  in  the
Gazetteer, not under the superintendence of any Math  or  Mahant  but  under
the superintendence of the Raja of Puri himself.
41. As already stated, these Amrut Manohi properties  are  properties  which
are endowed to the Math by the devotees for a particular service,  which  is
done to Lord Jagannath by the Mahant on behalf of the Math.  The  properties
are therefore properties endowed to the Math and not merely  gifted  to  the
plaintiff or, as had been suggested, to Lord Jagannath.”
                        (emphasis laid by this Court)


The learned senior counsel contends that since an earlier decision  of  this
Court already covers the controversy  in  the  instant  case,  the  same  is
binding on the parties as well as this Court and this Court  should  respect
the principle of stare decisis.  He  further  contends  that  the  judgments
delivered in the case of Surjanarayan  Das  and  Lord  Jagannath  have  held
field since 1967 and 1989, respectively. The learned senior  counsel  places
reliance on a seven judges Bench decision of this Court in State of  Gujarat
v. Mirzapur Moti Kureshi  Kassab  Jamat,[4]  wherein,  while  examining  the
scope of the doctrine of stare decisis, it was held as under:


“111. Stare decisis is a Latin phrase  which  means  "to  stand  by  decided
cases;  to  uphold  precedents;  to  maintain  former  adjudication".   This
principle is expressed in the maxim "stare decisis  et  non  quieta  movers"
which means to stand by decisions and not to disturb what is  settled.  This
was aptly put by Lord Coke in his classic English version as  "Those  things
which have been  so  often  adjudged  ought  to  rest  in  peace".  However,
according to Justice Frankfurter, the doctrine of stare decisis is  not  "an
imprisonment of reason" (Advanced  Law  Lexicon,  P.  Ramanatha  Aiyer,  3rd
Edition 2005, Volume 4, p. 4456). The underlying logic of  the  doctrine  is
to maintain consistency and avoid uncertainty.  The  guiding  philosophy  is
that a view which has  held  the  field  for  a  long  time  should  not  be
disturbed only because another view is possible.



xxx              xxx                 xxx



119. Sir John  Salmond,  while  dealing  with  precedents  and  illustrating
instances of  departure  by  the  House  of  Lords  from  its  own  previous
decisions, states it to be desirable as  'it  would  permit  the  House  (of
Lords) to abrogate previous decisions which were  arrived  at  in  different
social  conditions  and  which   are   no   longer   adequate   in   present
circumstances. This view has been succinctly advocated by Dr.  Goodhart  who
said: "There is an obvious antithesis between rigidity and  growth,  and  if
all the emphasis is placed on absolutely binding cases then the  law  looses
the capacity to adapt itself to the changing spirit of the times  which  has
been described as the life of the law". This very principle  has  been  well
stated  by  William  O'   Douglas   in   the   context   of   constitutional
jurisprudence. He says: "So far as constitutional law  is  concerned,  stare
decisis must give way before the  dynamic  component  of  history.  Once  it
does, the cycle starts again".”



     The learned senior counsel further places reliance on the  judgment  of
this Court in the case of R. Unnikrishnan v.  V.K.  Mahanudevan[5],  wherein
it was held as under:
“19. It is trite that law favors  finality  to  binding  judicial  decisions
pronounced by Courts that are competent to deal  with  the  subject  matter.
Public interest is against individuals being vexed twice over with the  same
kind of litigation. The binding character of  judgments  pronounced  by  the
Courts of competent jurisdiction has always been  treated  as  an  essential
part of the rule of law which is the basis of the administration of  justice
in this country. We may gainfully refer  to  the  decision  of  Constitution
Bench of this Court  in  the  Daryao  v.  State  of  U.P.  where  the  Court
succinctly summed up the law in the following words:
‘It is in the interest of the public at large that a finality should  attach
to the binding decisions pronounced by  Courts  of  competent  jurisdiction,
and it is also in the public interest that individuals should not  be  vexed
twice over with the same  kind  of  litigation.  The  binding  character  of
judgments pronounced by  courts  of  competent  jurisdiction  is  itself  an
essential part of the rule of law, and the rule  of  law  obviously  is  the
basis of the administration of justice on which  the  Constitution  lays  so
much emphasis.’
20. That even erroneous  decisions  can  operate  as  res-judicata  is  also
fairly well settled by a long line of decisions rendered by this  Court.  In
Mohanlal Goenka v. Benoy Kishna Mukherjee this Court observed:
‘There is ample  authority  for  the  proposition  that  even  an  erroneous
decision on a question  of  law  operates  as  'res  judicata'  between  the
parties to it. The correctness or otherwise of a judicial  decision  has  no
bearing upon the question whether or not it operates as 'res judicata.’
21. Similarly, in State of West Bengal v. Hemant  Kumar  Bhattacharjee  this
Court reiterated the above principles in the following words:
‘A wrong decision by a court having jurisdiction is as much binding  between
the parties as a right one and may be superseded only by appeals  to  higher
tribunals or other procedure like review which the law provides.’
22. The recent decision of this  Court  in  Kalinga  Mining  Corporation  v.
Union of India is  a  timely  reminder  of  the  very  same  principle.  The
following passage in this regard is apposite:
‘In our opinion, if the parties are allowed to reagitate issues  which  have
been decided by a court of competent jurisdiction on a subsequent change  in
the law then all earlier litigation relevant thereto would always remain  in
a state of flux. In such circumstances, every time either  a  statute  or  a
provision thereof is declared ultra vires,  it  would  have  the  result  of
reopening of the decided matters within the period of  limitation  following
the date of such decision.”

The learned senior counsel contends  that  the  decision  rendered  by  this
Court in the case of Lord Jagannath referred to supra cannot be wished  away
by branding it as per  incuriam.  It  is  an  extremely  serious  matter  to
contend that a judgment is per incuriam. It is contended that  in  order  to
render a judgment per incuriam, it must be first shown  that  the  oversight
or inadvertence is a glaring and obtrusive omission.



 Mr. Harin P. Raval, the learned senior counsel appearing on behalf  of  the
appellant Temple Committee, on the other hand, contends  that  the  decision
of this Court in the case  of  Lord  Jagannath  referred  to  supra  is  per
incuriam as it was passed in ignorance of the Temple Act, 1955. The  learned
senior counsel contends that the judgment does not even notice Section 5  of
the Temple Act, 1955. The  judgment  was  passed  only  on  considering  the
provisions of the OEA Act, 1951.  The judgment held that it cannot  be  said
that the estate  of  Lord  Jagannath  could  not  be  vested  in  the  State
government  by  a  notification  issued  subsequently.  The  learned  senior
counsel contends that the OEA Act, 1951 is  an  Act  which  was  principally
enacted  for  the  purpose   of   abolishing   all   rights   in   land   of
“intermediaries” between the Raiyats and the state by  whatever  name  known
and for the vesting of the same in the state. It  could  thus,  only  divest
the intermediaries of its rights in land by vesting  it  in  the  State  but
cannot affect the statutory  vesting  of  all  endowments  in  the  managing
committee under Section 5 of the Temple Act, 1955. Thus, the  provisions  of
the OEA Act, 1951 even by way of insertion of Section 3A and the issue of  a
subsequent  notification  cannot  divest  the  absolute  ownership  of   the
endowments of the Temple.  The  learned  senior  counsel  submits  that  the
endowments vested in the managing committee and hence it  ceased  to  be  an
intermediary interest and  became  the  absolute  vested  property  of  Lord
Jagannath. The learned senior counsel contends  that  a  decision  given  in
ignorance of a statute or a rule having the force of a statue  can  be  held
to be per incuriam, as was held by a three Judge Bench of this Court in  the
case of Muncipal Corporation  of  Delhi  v.  Gurnam  Kaur[6].   The  learned
senior counsel further places reliance on another decision of this Court  in
the case of State of U.P v. Synthetics and Chemicals  Ltd.,[7]  wherein  the
principle of per incuriam was discussed as under:

“'Incuria literally means 'carelessness'. In practice per in curium  appears
to mean per ignoratium.' English Courts have  developed  this  principle  in
relaxation of the rule of stare decisis. The 'quotable in  law'  is  avoided
and ignored if it is rendered, in ignoratium of a statute or  other  binding
authority' (Young v.  Bristol  Aeroplane  Ltd.).  Same  has  been  accepted,
approved and adopted by this Court while interpreting  Article  141  of  the
Constitution which embodies the doctrine of precedents as a matter  of  law.
In Jaisri Sahu  v.  Rajdewan  Dubey,  this  Court  while  pointing  out  the
procedure to be followed when conflicting  decisions  are  placed  before  a
Bench extracted a passage from Halsbury Laws of  England  incorporating  one
of the exceptions when the decision of an Appellate Court is not binding.”


The learned senior counsel further places reliance on the decision  of  this
Court in the case of Fuerst Day  Lawson  Ltd.  v.  Jindal  Exports  Ltd.,[8]
wherein this Court  examined  the  prior  decisions  on  the  issue  of  per
incuriam at length and arrived at the following conclusion:
“23. A prior decision of this court on identical facts  and  law  binds  the
Court on the  same  points  of  law  in  a  latter  case.  This  is  not  an
exceptional case by inadvertence or oversight of any judgment  or  statutory
provisions running counter to the reason and result reached. Unless it is  a
glaring case of obtrusive omission, it is not desirable  to  depend  on  the
principle of judgment 'per incuriam'. It is also not shown  that  some  part
of the decision based on a reasoning which  was  demonstrably  wrong,  hence
the principle of per incuriam cannot be applied………”


The learned senior counsel contends that in the  Lord  Jagannath  case,  not
only did the Court ignore the provisions of the Temple Act,  1955,  it  also
ignored the decision of the Constitution Bench in the case of  Raja  Kishore
Deb referred to supra, wherein this Court has held that the  Lord  Jagannath
Temple occupies a unique position in the State of Odisha and is a temple  of
national importance and no other temple in that state can be  compared  with
it. It stands in a class by itself and with  respect  to  be  a  subject  of
special consideration by the State  Government  and  thus  requires  special
treatment.



We are unable to agree with the contention advanced by Mr. M.L.  Varma,  the
learned senior counsel appearing on  behalf  of  the  respondent  Math.  The
decision of this Court in the case of Lord Jagannath (supra)  does  not  bar
the present case by res judicata. The principle of  res  judicata,  codified
in Section 11 of the Code of Civil Procedure has been examined in  a  catena
of cases by this Court. A Constitution Bench of this Court in Sheodan  Singh
v. Daryao Kunwar[9], held as under:

“A plain reading of s. 11 shows that to constitute a  matter  res  judicata,
the following  conditions  must  be  satisfied,  namely  -  (i)  The  matter
directly and substantially in issue in the subsequent suit or issue must  be
the same matter which was directly and substantially in issue in the  former
suit; (ii) The former suit must have been a suit between  the  same  parties
or between parties under whom they or any of them claim; (iii)  The  parties
must have litigated under the same title in the former suit; (iv) The  court
which decided the  former  suit  must  be  a  court  competent  to  try  the
subsequent suit or the suit in which such issue is subsequently raised;  and
(v) The matter directly and substantially in issue in  the  subsequent  suit
must have been heard and finally decided by the Court in the first suit.”


The above legal principles laid down by this Court have been  reiterated  in
the case of Syed Mohd. Salie Labbai & Ors. v.  Mohd.Hanifa  &  Ors.[10],  as
under:

“…….it may be necessary to mention that before a plea of  res  judicata  can
be given effect, the following conditions  must  be  proved-  (1)  that  the
litigating parties must be the same; (2)  that  the  subject-matter  of  the
suit also must be identical; (3) that the matter  must  be  finally  decided
between the parties; and (4) that the suit must be decided  by  a  court  of
competent jurisdiction.”

In the Lord Jagannath case referred to supra, this Court was concerned  only
with the validity of the vesting notification dated 18.03.1974,  whereas  in
the instant case, it is the validity of the order dated 30.11.1992  that  is
being examined, along with the question  whether  land  once  vested  for  a
particular purpose, namely, as property of Lord Jagannath  can  be  divested
by operation of another legislation. Since the subject  matter  of  the  two
cases is not identical, the bar of res judicata  does  not  operate  on  the
proceedings in the instant case. Further, it is  well  settled  law  that  a
question of law can be raised at any time during  the  proceedings.  In  the
case of  National  Textile  Corporation  Ltd.  v.  Naresh  Kumar  Badrikumar
Jagad[11], it was held as under:-
“19. There is no quarrel to the settled legal proposition that  a  new  plea
cannot be taken in respect of any factual controversy  whatsoever,  however,
a new ground raising a pure  legal  issue  for  which  no  inquiry/proof  is
required can be permitted to be raised by the court  at  any  stage  of  the
proceedings.”


 We agree with  the  contention  advanced  by  the  learned  senior  counsel
appearing on behalf of the appellant Temple  Committee.  Most  respectfully,
we opine that the decision of this Court  in  the  case  of  Lord  Jagannath
referred  to  supra,  wherein  this  Court  upheld  the  validity   of   the
notification dated 18.03.1974 in so far as it  pertains  to  the  estate  of
Lord Jagannath is per-incuriam for non-consideration of  the  provisions  of
Sections 5 and 30 of the Temple Act, 1955 and the  law  laid  down  by  this
Court as regards between the two State enactments, which  one  will  be  the
Special Act over other.  While the doctrine of stare decisis is  crucial  to
maintain judicial discipline, what cannot be lost sight of the fact is  that
decisions which are rendered in ignorance of existing statutes and law  laid
down by this Court cannot bind subsequent Benches  of  this  Court.  In  the
case of Moti Kureshi Jamat referred to supra, it was held as under:

“112. The trend of judicial opinion, in our view, is that stare  decisis  is
not a dogmatic  rule  allergic  to  logic  and  reason;  it  is  a  flexible
principle of law operating in the province of precedents providing  room  to
collaborate with the demands of changing times  dictated  by  social  needs,
State policy and judicial conscience.”



It becomes clear from a perusal of the case law adverted to by  the  learned
senior counsel appearing on behalf of the appellant Temple Committee that  a
judgment can be said to be per incuriam when it is passed  in  forgetfulness
or ignorance of a statute operating in that field.  The  notification  dated
18.03.1974  vested  the  estates  of  Lord  Jagannath,  Puri  in  the  State
Government in view of the amended provision of the proviso to Section  2(oo)
of the OEA Act, 1951 inserted by way of an Amendment in the year  1974.  The
judgment in the case of Lord Jagannath was passed only on  consideration  of
the OEA Act, 1951. The provisions of the Temple  Act,  1955,  which  is  the
principal Act that applies to the  Lord  Jagannath  Temple,  Puri  were  not
adverted to at all.

We now turn our attention  to  the  validity  of  the  vesting  order  dated
30.11.1992 passed by the Tahsildar of Puri in O.E.A Claim  Case  No.  68  of
1990, by which the suit lands were settled in favour of the Temple.

Mr. Harin P. Raval, the learned senior counsel appearing on  behalf  of  the
appellant Temple Committee contends that  in  view   of  Section  5  of  the
Temple Act, 1955  read with Sections 16 and   33  of  the   said  Act,   all
endowments of the temple, including the properties belonging to or given  or
endowed for  the  support  of  the  Temple  or  given  or  endowed  for  the
performance of any service including the service of offerings to  the  deity
or charity connected therewith vest in Temple Committee. The learned  senior
counsel contends that the Temple Act,1955 is a special  legislation  enacted
by the State Government  of  Odisha  and  thus  overrides  any  general  law
enacted. The learned senior counsel contends that by Section 5 of  the  said
Act, the property vested in Temple Committee. The vesting  of  the  property
in the Temple Committee is statutory in nature by virtue  of  Section  5  of
the Temple Act,1955. He further contends that  once  land  has  been  vested
with the State, the same is not available for vesting again  merely  on  the
application of the amended provisions inserted later  in  another  Act.  The
learned senior counsel further  contends  that  the  Temple  Act,1955  is  a
special law enacted by which the  properties       and  endowments  of  Lord
Jagannath Temple, Puri stood statutorily vested  in  the  Temple  Committee.
The OEA Act, 1951, on the  other  hand,  was  enacted  for  the  purpose  of
abolishing all rights of ‘intermediaries’ between the raiyats and the  State
by whatever name known and for the vesting of the same in the  State.  Thus,
the provisions of the OEA Act, even by way of insertion of  Section  3A  and
the issue of a subsequent notification cannot divest the absolute  ownership
of the endowments of the Temple. The learned senior  counsel  contends  that
the endowments vested in the Temple Committee, and thus,  ceased  to  be  an
intermediary interest and  became  the  absolute  vested  property  of  Lord
Jagannath. The learned senior counsel places reliance  on  the  judgment  of
this Court in the case of  U.P  State  Electricity  Board  &  Anr.  v.  Hari
Shankar  Jain  &  Ors.[12],  wherein  this  Court  while  holding  that  the
provisions of a special  statute  must  prevail  over  those  of  a  general
statute held as under:

“8. The maxim "Generalia Specialibus non derogant" is quite well known.  The
rule flowing from the maxim has been explained in Mary Seward v.  The  Owner
of the "Vera Cruz" as follows:
Now if anything be certain it is this, that where there  are  general  words
in a later Act  capable  of  reasonable  and  sensible  application  without
extending them to subjects specially dealt with by earlier legislation,  you
are not to hold that earlier and special  legislation  indirectly  repealed,
altered, or derogated from merely by force of such  general  words,  without
any indication of a particular intention to do so.
9. The reason for the rule that  a  general  provision  should  yield  to  a
specific provision is this: In passing a  Special  Act,  Parliament  devotes
its entire consideration to a particular subject.  When  a  General  Act  is
subsequently passed, it is  logical  to  presume  that  Parliament  has  not
repealed or modified the former Special  Act  unless  it  appears  that  the
Special Act again received consideration from Parliament………”


The learned  senior  counsel  further  places  reliance  on  a  more  recent
judgment of this Court, in the case of Commercial Tax Officer, Rajasthan  v.
Binani Cements Ltd. & Anr.[13], wherein  after  adverting  to  a  number  of
previous decisions on the aspect, it was held as under:
“46. In Gobind Sugar Mills Ltd. v. State of Bihar this  Court  has  observed
that while determining the question whether a statute  is  a  general  or  a
special one, focus must be on the principal subject-matter  coupled  with  a
particular perspective with reference to the intendment  of  the  Act.  With
this basic principle in mind, the provisions must be examined  to  find  out
whether it is possible to construe harmoniously the two  provisions.  If  it
is not possible then an effort will have to be  made  to  ascertain  whether
the legislature had intended to accord a  special  treatment  vis-à-vis  the
general entries and a further endeavour will have to be  made  to  find  out
whether the specific provision excludes the  applicability  of  the  general
ones. Once we come to the conclusion that intention of  the  legislation  is
to exclude the general provision then the  rule  "general  provision  should
yield to special provision" is squarely attracted.
47. Having noticed the aforesaid, it could be concluded  that  the  rule  of
statutory construction that the specific  governs  the  general  is  not  an
absolute rule but is merely a strong indication of  statutory  meaning  that
can be overcome by textual indications that point in  the  other  direction.
This rule is particularly  applicable  where  the  legislature  has  enacted
comprehensive scheme and has deliberately targeted  specific  problems  with
specific solutions. A subject specific provision  relating  to  a  specific,
defined and descriptable subject is regarded as an exception  to  and  would
prevail over a general provision relating to a broad subject.”


Mr. M.L. Varma, the learned  senior  counsel  appearing  on  behalf  of  the
respondent Math, on the other hand, contends that Section 5  of  the  Temple
Act, 1955 only pertains to the administration and governance of  the  Temple
and its endowments that vest in the committee.  The  Temple  Act,  1955  was
enacted  because  of  serious  irregularities  in  the  administration   and
governance of the Temple and its endowments and for reorganizing the  scheme
of management of the affairs of the temple and  its  properties.  Only  what
was being managed by the Raja of Puri was taken over under the  Temple  Act,
1955. The learned senior counsel places reliance  on  B.K  Mukherjea’s  ‘The
Hindu  Law  of  Religious  and  Charitable  Trust’  and  contends  that  the
respondent Math is a Vaishnava Math of Puri.  The  Math  and  the  Jagannath
Temple have co existed for centuries.  Each  is  a  separate  legal  entity,
holding its properties separately and performing  its  religious  and  other
functions in accordance with religious customs and usage. The Math  and  the
Temple hold their own properties separately. Acquisition of property can  be
done only  through  transfer  or  succession.  The  learned  senior  counsel
contends that the appellant Temple Committee has not produced  any  evidence
on record through which it could claim the ownership over  the  property  of
the  respondent  Math.  The  learned  senior  counsel  contends   that   the
‘amrutamanohi’ properties are endowed to two different legal  entities-  the
Temple and the Math. Thus, it cannot be contended  that  the  properties  of
the Math belong to the Temple.

 The learned senior counsel further contends that Section 2(oo) of  the  OEA
Act, 1951 which defines Trust Estate, was inserted in the year  1974.  Under
the proviso, all estates belonging to the  temple  of  Lord  Jagannath  were
deemed to be trust estates. Thus, the estate of Lord Jagannath  came  to  be
vested in the State  Government  vide  notification  dated  18.03.1974.  The
amendments to the OEA Act, 1951 were effected when the Temple Act, 1955  was
in force. The learned senior counsel contends that  it  is  a  well  settled
principle of law  that  a  subsequent  legislation  prevails  over  a  prior
legislation.


 We accept the contentions advanced by the learned senior counsel  appearing
on behalf of the appellant Temple Committee and are  unable  to  agree  with
the contentions advanced by the learned senior counsel appearing  on  behalf
of the respondent Math. The Temple and  the  Math  are  two  distinct  legal
entities. The OEA Act, 1951 was enacted to provide for the abolition of  all
rights, title and interest in the land of  intermediaries  and  vesting  the
same in the State. The Act was thus meant to abolish  the  interest  of  the
intermediaries in the land. A Constitution Bench of  this  Court,  upholding
the constitutional validity of the Act in the case of K.C  Gajapati  Narayan
Deo & Ors. v. State of Orissa[14] held as under:
“The primary purpose of the Act  is  to  abolish  all  zamindari  and  other
proprietary  estates  and  interests  in  the  State  of  Orissa  and  after
eliminating all the  intermediaries,  to  bring  the  ryots  or  the  actual
occupants of the lands in direct contact with the State Government.  It  may
be convenient here to refer briefly to some of the  provisions  of  the  Act
which are material for our present purpose. The object  of  the  legislation
is fully set out in the preamble to  the  Act  which  discloses  the  public
purpose underlying it. Section 2(g) defines an "estate" as meaning any  land
held by an intermediary and included under one entry in any of  the  general
registers of  revenue-paying  lands  and  revenue-free  lands  prepared  and
maintained under the law for the time being in force by the Collector  of  a
district. The expression "intermediary" with  reference  to  any  estate  is
then defined and it means  a  proprietor,  sub-proprietor,  landlord,  land-
holder... thikadar,  tenure-holder,  under-tenure-holder  and  includes  the
holder of inam estate, jagir and maufi tenures and all  other  interests  of
similar nature between the  ryot  and  the  State.  Section  3  of  the  Act
empowers the State Government to declare, by notification, that  the  estate
described in the  notification  has  vested  in  the  State  free  from  all
encumbrances. Under section 4 it is open to the  State  Government,  at  any
time  before  issuing  such   notification,   to   invite   proposals   from
"intermediaries" for surrender of their estates and if  such  proposals  are
accepted, the surrendered estate shall vest in the  Government  as  soon  as
the  agreement  embodying  the  terms  of   surrender   is   executed.   The
consequences of vesting either by issue of notification or as  a  result  of
surrender are described in detail in section 5  of  the  Act.  It  would  be
sufficient for our present purpose to state that the primary consequence  is
that all lands comprised in the estate including communal  lands,  non-ryoti
lands, waste lands, trees,  orchards,  pasture  lands,  forests,  mines  and
minerals, quarries rivers and streams,  tanks,  water  channels,  fisheries,
ferries, hats and bazars, and buildings  or  structures  together  with  the
land on which they stand shall, subject to the other provisions of the  Act,
vest absolutely in the State Government free from all encumbrances  and  the
intermediary shall cease to have any interest in them.”
                     (emphasis laid by this Court)
On the other hand,  keeping  in  view  the  growing  irregularities  in  the
management of the affairs of the temple, the Temple Act,  1955  was  enacted
by the state, which received the assent of the President on  15.10.1955.  We
agree with the contention advanced  by  Mr.  Harin  P.  Raval,  the  learned
senior counsel appearing on behalf of the appellant  Temple  Committee  that
as far as the Jagannath Temple of Puri and  its  endowments  are  concerned,
the provisions of  the  Temple  Act,  1955,  being  the  special  law,  take
priority over the provisions of any other  legislation.  Section  5  of  the
Temple Act, 1955 makes it clear that the properties and  endowments  of  the
Temple stand statutorily vested in the Temple  Committee.  The  Constitution
Bench judgment in the case of Surjanarayan Das referred  to  supra  draws  a
distinction between the  ‘amrutamanohi’  properties  of  the  Math  and  the
Temple in the following terms:
“40. The Gazetteer makes a reference to such properties and states:-

"Both Saiva and Vaishnava Maths exist in Puri. The lands of the  latter  are
known as Amruta Manohi (literally nectar  food),  because  they  were  given
with the intention that the proceeds thereof should  be  spent  in  offering
bhoga before Jagannath and that  the  Mahaprasad  thus  obtained  should  be
distributed among pilgrims, beggars and ascetics;  they  are  distinct  from
the  Amruth  Manohi  lands  of  the  Temple  itself  which  are  under   the
superintendence of the Raja".
This statement makes it clear that lands  endowed  to  the  temple  of  Lord
Jagannath are distinct from the lands or property endowed to  the  Vaishnava
Maths for the purpose of utilising the  proceeds  of  those  properties  for
offering bhoga before Lord Jagannath  and  the  subsequent  distribution  of
that Mahaprasad among pilgrims, beggars and  ascetics,  presumably  visiting
the Math, or approaching its authorities for a portion of the  Maha  Prasad.
The mere fact that the proceeds of the properties were to be so used,  would
not justify the conclusion that these properties were  not  endowed  to  the
Maths but were endowed to the temple of Lord Jagannath.  Properties  endowed
to the temple of Lord Jagannath were, according to this  statement,  in  the
Gazetteer, not under the superintendence of any Math  or  Mahant  but  under
the superintendence of the Raja of Puri himself.”
                   (emphasis laid by this Court)

 The OEA Act, 1951 was enacted with a view to abolish the rights, title  and
interest of  intermediaries  in  the  land  in  the  State  of  Odisha.  The
Statement of Objects and Reasons of the OEA Act, 1951 reads as under:

“……in the interest of the cultivators of  the  soil  and  for  the  general,
material and social advancement of the Province, it is necessary  to  remove
all intermediaries  between  the  Government  and  the  ryots.  The  general
consensus  of  opinion  is  that  the  zamindari  system   has   perpetuated
assessment which has no relation to the productive capacity of the land  and
has further led to loss of contact between the  Government  and  the  actual
cultivator and has acted as a break in  agricultural  improvement……It  seems
without  a  social  change  in  the  existing  system  of  land  tenure   no
coordinated plan of agricultural reconstruction can  be  undertaken  with  a
fair rent, fixity of tenure, proper maintenance of  irrigation  sources  and
consequent increases of crop yield and extension of cultivation.......”
                    (emphasis laid by this Court)

The OEA Act, 1951 was thus enacted with a view to  protecting  the  interest
of the cultivators of the soil  and  to  do  away  with  the  evils  of  the
zamindari system. In the light of the same,  it  cannot  be  said  that  the
provisions of the OEA Act, 1951 will apply to  the  land  of  the  appellant
Temple Committee over the provisions of  the  Temple  Act,  1955,  which  is
clearly the special legislation in the instant case. At this  stage,  it  is
also crucial to  examine  the  statement  of  objects  and  reasons  of  the
Amendment Act of 1974 by virtue of which Section 2(oo) was inserted  in  the
OEA Act, 1951. It states as under:
“The Orissa Estates Abolition  Act,  1951  provides  for  the  abolition  of
temporarily  and  permanently  settled  zamindaris  and  other  intermediary
interests and tenures in the State  of  Orissa.  All  estates  except  trust
estates have vested in the Government by virtue of notifications  issued  in
that behalf by the Government under the Act. For carrying out  the  purposes
of trusts efficiently and to ensure proper performance of traditional  rites
and rituals in the religious institutions when trust estates are  vested  in
the Government……and that any  land  or  building  (being  part  of  a  trust
estate) vested in the Government  maybe  settled  in  certain  circumstances
with the person who immediately before such vesting was an  intermediary  in
respect of such land or building.”
                     (emphasis laid by this Court)
A perusal of the aforementioned objects and reasons makes it clear that  the
said amendment clearly encroaches upon the field of the Temple Act, 1955.
                                  REPORTABLE

                           IN THE SUPREME COURT OF INDIA
                            CIVIL APPELLATE JURISDICTION

                          CIVIL APPEAL NO.7729 OF 2009


SRI JAGANNATH TEMPLE MANAGING COMMITTEE                        …………APPELLANT

                                     Vs.

SIDDHA MATH & ORS.                                             ……RESPONDENTS

                                    WITH

                        CIVIL APPEAL NO.7730 OF 2009
                        CIVIL APPEAL NO.142  OF 2010
                        CIVIL APPEAL NO.221  OF 2010
                        CIVIL APPEAL NO.2981 OF 2010
                        CIVIL APPEAL NO.3414 OF 2010
                        CIVIL APPEAL NO.3415 OF 2010
                        CIVIL APPEAL NO.3446 OF 2010
                    CIVIL APPEAL NOS.14631-14632 OF 2015
               (Arising Out of SLP (C) Nos.9167-9168 of 2010)
                                     AND
                        CIVIL APPEAL NO.9627 OF 2010
                                J U D G M E N T


V. GOPALA GOWDA, J.



Leave granted in the Special Leave Petitions.
The present appeals arise out of  the  impugned  judgment  and  order  dated
07.07.2009 passed in Original Jurisdiction Case No. 2421 of 2000  and  other
Writ Petitions which were  disposed  of  in  terms  of  the  judgment  dated
07.07.2009 by the High Court of Orissa at Cuttack, whereby  the  High  Court
allowed the Writ Petitions filed by the respondents herein and held that  as
the disputed land  was  earlier  settled  in  the  name  of  Shri  Jagannath
Mahaprabhu Bije Puri, Marfat Siddha Brundaban  Ramanuj  Das  and  thus,  the
subsequent settlement made in favour of the  Temple  Managing  Committee  in
OEA Claim Case No. 68/90 was without jurisdiction.
 As the facts in all the appeals are common, for the  sake  of  convenience,
we refer to the facts of Civil Appeal No. 7729 of 2009, which are stated  in
brief hereunder:

     The present case revolves around the ancient temple of  Lord  Jagannath
of  Puri.  The  lands  in  question  have  been  accorded  the   status   of
‘amrutamanohi’ properties. On 18.03.1974, the  State  Government  of  Orissa
issued a notification under Section 3-A of the Orissa Estate Abolition  Act,
1951(hereinafter referred to as the “OEA Act, 1951”), whereby the estate  of
Lord Jagannath Mahaprabhu Bije, Puri vested in  the  State  Government.  The
vesting notification was challenged by the Temple before the High  Court  of
Orissa in Original Jurisdiction  Case  No.  233  of  1977.  The  High  Court
rejected the claim of the Temple. The same was upheld  by  this  Court  vide
its judgment  in  the  case  of  Lord  Jagannath  through  Jagannath  Singri
Narasingh Das Mahapatra Sridhar Panda and Ors  v.  State  of  Orissa[1].  We
will advert to this judgment in detail at a later  part  of  this  judgment.
The State Government of Orissa  subsequently  issued  a  notification  dated
18.04.1989 and extended the time for filing claims under Section 8-A of  the
OEA Act, within which the Temple  filed  Claim  Case  No.  68  of  1990  for
recording the lands in question in  favour  of  Shree  Jagannath  Mahaprabhu
Bije, Puri, Marfat Shree Jagannath Temple  Managing  Committee.  Vide  order
dated 30.11.1992, the OEA Collector and Tahsildar, Puri  observed  that  the
suit lands in question have been recorded in  the  name  of  Shri  Jagannath
Mahaprabhu Bije, Srikhetra,  and  accordingly  settled  the  suit  lands  in
favour of the Temple. In the year 2000, the  respondent-Math  filed  a  Writ
Petition  before  the  High  Court  of  Orissa  at   Cuttack   in   Original
Jurisdiction Case No. 2421 of 2000, challenging the order of  the  Tahsildar
dated 30.11.1992 on  the  ground  that  the  lands  in  question  have  been
accorded the status of ‘amrutamanohi’ and that they were recorded  as  Trust
Estate as defined under Section 2(oo) of the OEA Act, 1951  and  that  lands
had wrongly been settled in favour of the Temple.  The  High  Court  by  the
impugned judgment dated 07.07.2009 set aside  the  order  of  the  Tahsildar
dated 30.11.1992 and held as under:

“……it is seen in the instant  case,  the  property  has  been  dedicated  as
Amrutmonahi to Lord Sri Jagannath of Puri and the marfatdar of the  property
is Mahanta Siddha Brundaban Ramanuj Das.  Thus,  the  property  is  attached
with a charge of rendering service to Lord Jagannath by using the  usufructs
thereof as food offering to Lord Jagannath by using the usufructs threof  as
food offering to Lord Jagannath. It is  further  found  that  on  the  above
analysis, the property cannot be  held  to  be  under  the  control  of  the
administrator of Shri Jagannath Temple but  is  a  trust  property  attached
with a charge and the trustee has to fulfil the wish  of  the  dedicator  of
the said property by offering  the  usufructs  to  Lord  Jagannath  as  food
offering. However, since the trustee/marfatdar  is  the  Mahanta  of  Siddha
Math, it cannot be said that the math has absolutely no  interest  over  the
said property just because it  is  recorded  as  Amrutmonohi.  Applying  the
ratio of the decision in the case  of  Mahanta  Shri  Srinivas  Ramanuj  Das
(supra) of the Supreme Court,  it  is  seen  that  the  Siddha  Math  is  an
institution, which comes  within  the  definition  of  ‘Math’  as  given  in
section 3 (vii) of the Orissa Hindu  Religious  Endowments  Act,  1951.  The
property involved in this Writ  Petition  comes  within  the  definition  of
“Trust Estate” as defined in section 2(oo) of the O.E.A Act  and  vested  in
the State Government pursuant to the notification made under Section 3-A  of
the O.E.A Act issued on 18.03.1974. It is also  an  admitted  position  that
upon such vesting, the intermediary had  a  right  to  make  an  application
under sections 6 and 7 of the O.E.A Act. As a  matter  of  fact,  as  stated
earlier, such application was made by the marfatdar  of  the  property,  i.e
Mahanta of Siddha Math and  the  land  was  settled  in  the  name  of  Shri
Jagannath Mohaprabhu Bije, Puri  marfat  Mahanta  Siddha  Brundaban  Ramanuj
Das. Hence there was no  scope  for  the  administrator  of  Shri  Jagannath
Temple to make a subsequent application under sections 6 and 7 of the  O.E.A
Act for re-settlement of the land and the impugned  order  dated  30.11.1992
having been passed without jurisdiction cannot be  sustained  and  the  said
order is accordingly quashed.”

Hence, the present appeals have been  filed  by  the  appellant  Temple  and
State Government and others.
We have heard the learned senior counsel for both the parties. We have  also
heard Mr. Vinoo Bhagat, the learned counsel appearing on behalf of the  Math
in the C.As. @ Special Leave Petition (Civil) Nos.  9167-9168  of  2010  and
Ms. V.S. Lakshmi, learned counsel appearing on behalf of the  Math  in  C.A.
No. 9627 of 2010. On the basis of the factual evidence  on  record  produced
before us, the circumstances of the case and also in the light of the  rival
legal contentions urged by the learned senior counsel for both the  parties,
we have broadly framed the following points which require our attention  and
consideration:-
 Whether the suit lands can vest in the respondent Math in the light of  the
provisions of the Shri Jagannath Temple Act, 1955?

 Whether even otherwise, the Math had the right to prefer  claim  rights  in
respect of the Temple Lands and initiate the proceedings under the OEA  Act,
1951 by virtue of being an intermediary?

 What order?

Answer to Point No.1
At the outset, before we advert  to  the  rival  legal  contentions  of  the
learned senior counsel appearing on  behalf  of  both  the  parties,  it  is
important for us to examine the provisions of the relevant Acts, as well  as
the previous judgments of this Court on the issue. There are  two  important
acts which operate in the instant case. The  first  is  the  Shri  Jagannath
Temple Act, 1955 (hereinafter referred to as the “Temple  Act,  1955”).  The
long title of the Act reads as follows:

“An Act  to  provide  for  better  administration  and  governance  of  Shri
Jagannath Temple at Puri and its endowments.”


The Preamble of the Temple Act, 1955 states as under:
“Whereas the ancient Temple of Lord Jagannath of Puri  has  ever  since  its
inception been  an  institution  of  unique  national  importance  in  which
millions of Hindu devotees from regions far  and  wide  have  reposed  their
faith and belief and have regarded it as the epitome of their tradition  and
culture.
And whereas by Regulation IV of  1809  passed  by  the  Governor-General  in
Council on 28th April, 1809 and thereafter by  other  laws  and  regulations
and in pursuance of arrangement entered into with the Raja of Khurda,  later
designated the Raja of Puri, the said Raja came to be  entrusted  hereditary
with the management of the affairs of  the  Temple  and  its  properties  as
Superintendent subject to the control and supervision of the ruling power;
And  whereas  in  view  of  grave  and  serious  irregularities   thereafter
Government had to intervene on various occasions in the  past;  And  whereas
the administration under the Superintendent has further deteriorated  and  a
situation has arisen rendering it expedient  to  reorganize  the  scheme  of
management of the affairs of the  Temple  and  its  properties  and  provide
better administration  and  governance  therefore  in  supersession  of  all
previous laws, regulations and arrangements, having regard  to  the  ancient
customs and  usages  and  the  unique  and  traditional  nitis  and  rituals
contained in the Record-of-Rights prepared under  the  Puri  Shri  Jagannath
Temple (Administration) Act, 1952 (Orissa Act XIV of 1952)…………”
                  (emphasis laid by this Court)
Section 2 of the Temple Act, 1955 bars the operation  of  the  Orissa  Hindu
Religious Endowments Act, 1951 on the Temple, and reads as follows:
“2 (1): The provisions of the Orissa Hindu Religious  Endowments  Act,  1951
(Orissa Act 2 of 1952) shall cease to apply to the said Temple  except  with
respect to actions taken, things done and contributions levied and the  same
shall be deemed to have been validly taken, done and levied as if  this  Act
had not been passed:
(2) All laws, regulations and other enactments passed  for  the  purpose  of
providing  for  the  management  of  the  affairs  of  the  Temple  and  its
properties and all deeds executed in favour of and all arrangements  entered
into for the said purpose with the Raja of Khurda or the Raja  of  Puri,  as
the case may be, prior to the commencement of this Act, in so  far  as  such
enactments, deeds or arrangements are inconsistent with  the  provisions  of
this Act, shall cease to have any effect.”


Section 5 of the Temple Act, 1955 provides for the setting up  of  a  Temple
Managing Committee as under:
“5. Notwithstanding anything in any other law for the time  being  in  force
or custom, usage or contract, Sanad, deed or engagement, the  administration
and the governance of  the  Temple  and  its  endowments  shall  vest  in  a
Committee called the Shri Jagannath Temple  Managing  Committee  constituted
as such  by  the  State  Government,  and  it  shall  have  the  rights  and
privileges in respect thereof as provided in Section 33.”


Section 30 of the Temple Act, 1955 grants power of  general  superintendence
of the Temple and its endowments to the  State  Government  which  may  pass
orders for the maintenance and administration of the temple, which reads  as
under:
“30. (1) Subject to the provisions of this Act the  general  superintendence
of the Temple and its endowments shall vest in the  State  Government  which
may pass any orders that may be deemed necessary for the proper  maintenance
or administration of the Temple or its endowments or in the interest of  the
general public worshipping in the Temple.”

Section 33 of  the  Temple  Act,  1955  empowers  the  Committee  to  be  in
possession of all the moveable and immoveable properties  belonging  to  the
Temple. It reads as under:
“33. (1) The Committee shall be entitled to take and  be  in  possession  of
all movable and immovable properties including the Ratna Bhandar  and  funds
and jewelries, records, documents and other assets belonging to Temple.”


A Constitution  Bench  of  this  Court  had  the  occasion  to  examine  the
provisions of the Temple Act, 1955 in detail, while  adjudicating  upon  its
constitutional validity in the case of Raja Bira Kishore  Deb  v.  State  of
Orissa[2]. Wanchoo, J., speaking for the bench observed as under:
“This review of the provisions of the Act shows that  broadly  speaking  the
Act provides for the management of the secular affairs  of  the  Temple  and
does not interfere, with the religious affairs thereof,  which  have  to  be
performed according to the record of rights prepared under the Act  of  1952
and where there  is no such record of rights in accordance with  custom  and
usage obtaining in     the Temple. It is in this background that we have  to
consider the attack on the constitutionality of the Act.”


After adverting to the history of the administration of the Temple,  it  was
also held:
“Finally the preamble says that the administration under the  superintendent
has further deteriorated and a situation has arisen rendering  it  expedient
to reorganize the scheme of management of the affairs of the Temple and  its
properties and provide better administration  and  governance  therefore  in
supersession of all    previous laws, regulations and  arrangements,  having
regard to the ancient customs and usages  and  the  unique  and  traditional
nitis and rituals contained in the  record  of  rights  prepared  under  the
1952 Act. So for all these reasons the appellant was removed from  the  sole
superintendence of the Temple and a committee was appointed by s. 6  of  the
Act for its management.”
                  (emphasis laid by this Court)

A perusal of the provisions of the Act and the decision  of  this  Court  in
the case of Raja Bira Kishore Deb referred to supra clearly  shows  that  as
far as Shri Jagannath Temple of Puri is concerned, the position  of  law  is
that all the endowments and properties belonging to the Temple vest  in  the
Shri Jagannath Temple Managing Committee.
We now turn our attention to the OEA Act, 1951. The Act received the  assent
of the President on 23.01.1952. The long title of the Act reads as follows:

“An act to provide for the abolition of all the rights, title  and  interest
in land of intermediaries by whatever name known, including  the  mortgagees
and lessees of such interest, between the raiyat and the  state  of  Orissa,
for vesting in the said state of the said right, title and interest  and  to
make provision for other matter connected therewith……”

All estates of the intermediaries were thus,  abolished  and  by  way  of  a
notification, stood vested in the State Government.  Section  2(oo)  of  the
OEA Act, 1951 (which was inserted by way of an Amendment in 1974) defines  a
Trust Estate as under:
“‘trust estate’ means an estate the whole of the net  income  whereof  under
any trust or other  legal  obligation  has  been  dedicated  exclusively  to
charitable or religious purposes of a public nature without any  reservation
of pecuniary benefit to any individual :
Provided that all estates belonging to the Temple of Lord Jagannath at  Puri
within the meaning of the Shri Jagannath Temple Act, 1955  and  all  estates
declared to be trust estates by a competent authority under this  Act  prior
to  the  date  of  coming  into  force  of  the  Orissa  Estates   Abolition
(Amendment) Act, 1970 shall be deemed to be trust estates.”
(emphasis laid by this Court)

Section 3 of the OEA Act, 1951 provides for vesting  of  an  estate  in  the
State by way of a notification as under:
“3. Notification vesting an estate in the State – (1) The State  Government,
may from time to time by notification, declare that the estate specified  in
the notification has passed to and become vested in the State free from  all
encumbrances.”
“(3) Such publication shall be conclusive evidence  of  the  notice  of  the
declaration to everybody whose interest is affected by it.”

Section 2(oo) was  inserted  by  way  of  an  amendment  on  26.02.1974.  On
18.03.1974, a notification was issued by the State Government under  Section
3-A whereby the estate of Lord Jagannath vested with the  State  Government.
The  validity  of  the  notification  was   challenged,   which   came   for
consideration before a Division Bench of this Court  in  the  case  of  Lord
Jagannath  referred  to  supra.  This  Court  upheld  the  validity  of  the
notification declaring the estate of Lord Jagannath as ‘trust estate’  after
giving the reasons as follows:

“It  is  true  that  an  order  was  passed  under  s.13-G   declaring   the
petitioner's estate as a trust estate" and further      by the insertion  of
clause (oo) in s  2  the  petitioner's  estate  continued  to  be  a  'trust
estate",    but the question is as to  what  is  the  legal  effect  flowing
from such a declaration This aspect is dealt within s 13-I, which is  quoted
as under (omitting sub-section (2) which is  not  relevant  in  the  present
context):
"13-1. Effect of orders passed under  section  13-G:       (I)  All  estates
declared under this Chapter to be trust estates   by  the  Tribunal  or  the
High Court, as the  case  may        be,  shall   he  deemed  to  have  been
excluded from the operation of    the vesting     notification and never  to
have vested in the State in pursuance thereof."


It is manifest from the language of the Section  that  it  saves  a  ''trust
estate" so declared under s. 13-G  from  the  operation  of  a  notification
issued under s. 3 or 3-A,   but does not extend the benefit any further  The
provisions do not confer protection  from  the  Act  itself  and  cannot  be
interpreted to   clothe it with a permanent immunity from being vested by  a
later notification issued under the    Act Such an estate  could  be  vested
in the State of Orissa by  a  subsequent  notification  was  made  clear  by
clause (b) of s 13-K which reads as follows:
‘(a) . . .
(b)nothing in this Chapter shall be deemed to  debar  the  State  Government
from vesting any trust estate by the issue of a notification  under  Section
3.’
Sections 7-A, 8-A, 8-D and X-E of the Act include special provisions  for  a
trust estate and unmistakably indicate that trust estates"  are  within  the
purview of the Act. The benefit they receive from a declaration under  s.13-
G is limited and referable only to a vesting notification issued    earlier.
There is thus, no merit in the argument  of  the  learned  counsel  for  the
appellant that the petitioner's estate could not be vested in the  State  by
a notification issued subsequently.”


It is important to note at this stage that while upholding the  validity  of
the notification, this Court did not advert to the provisions of the  Temple
Act, 1955 at all.

Another judgment of this Court which is important  to  be  examined  is  the
Constitution Bench decision in the case of Mahant Shri Srinivas Ramanuj  Das
v.  Surjanarayan  Das[3],  which  examined  the  nature  of   ‘amrutamanohi’
properties.

 Mr. M.L. Varma, the learned senior  counsel  appearing  on  behalf  of  the
respondent Math contends  that  the  controversy  in  the  instant  case  is
squarely covered  by  two  judgments  of  this  Court,  the  Division  Bench
judgment in the case of Lord Jagannath and the Constitution  Bench  judgment
in the case of Surjanarayan  Das  referred  to  supra.  The  learned  senior
counsel places strong reliance on the following paragraphs of  the  decision
in the case of Surjanarayan Das (supra):
“40. We may now consider the properties in  schedule  Kha  said  to  be  the
Amruta Monohi properties of Lord Jagannath and  held  by  the  plaintiff  as
marfatdar. The plaintiff alleges that these properties were acquired  either
by purchase or 'krayadan' or by way of gift subject  to  a  charge  of  some
offering to Lord Jagannath which depended upon the individual  judgment  and
discretion of the plaintiff, and that the public had  no  concern  with  the
enjoyment or management of the  usufruct  thereof.  The  Gazetteer  makes  a
reference to such properties and states:-
‘Both Saiva and Vaishnava Maths exist in Puri. The lands of the  latter  are
known as Amruta Manohi (literally nectar  food),  because  they  were  given
with the intention that the proceeds thereof should  be  spent  in  offering
bhoga before Jagannath and that  the  Mahaprasad  thus  obtained  should  be
distributed among pilgrims, beggars and ascetics;  they  are  distinct  from
the  Amrut  Manohi  lands  of  the  Temple  itself  which  are   under   the
superintendence of the Raja.’
This statement makes it clear that lands  endowed  to  the  temple  of  Lord
Jagannath are distinct from the lands or property endowed to  the  Vaishnava
Maths for the purpose of utilising the  proceeds  of  those  properties  for
offering bhoga before Lord Jagannath  and  the  subsequent  distribution  of
that Mahaprasad among pilgrims, beggars and  ascetics,  presumably  visiting
the Math, or approaching its authorities for a portion of the  Maha  Prasad.
The mere fact that the proceeds of the properties were to be so used,  would
not justify the conclusion that these properties were  not  endowed  to  the
Maths but were endowed to the temple of Lord Jagannath.  Properties  endowed
to the temple of Lord Jagannath were, according to this  statement,  in  the
Gazetteer, not under the superintendence of any Math  or  Mahant  but  under
the superintendence of the Raja of Puri himself.
41. As already stated, these Amrut Manohi properties  are  properties  which
are endowed to the Math by the devotees for a particular service,  which  is
done to Lord Jagannath by the Mahant on behalf of the Math.  The  properties
are therefore properties endowed to the Math and not merely  gifted  to  the
plaintiff or, as had been suggested, to Lord Jagannath.”
                        (emphasis laid by this Court)


The learned senior counsel contends that since an earlier decision  of  this
Court already covers the controversy  in  the  instant  case,  the  same  is
binding on the parties as well as this Court and this Court  should  respect
the principle of stare decisis.  He  further  contends  that  the  judgments
delivered in the case of Surjanarayan  Das  and  Lord  Jagannath  have  held
field since 1967 and 1989, respectively. The learned senior  counsel  places
reliance on a seven judges Bench decision of this Court in State of  Gujarat
v. Mirzapur Moti Kureshi  Kassab  Jamat,[4]  wherein,  while  examining  the
scope of the doctrine of stare decisis, it was held as under:


“111. Stare decisis is a Latin phrase  which  means  "to  stand  by  decided
cases;  to  uphold  precedents;  to  maintain  former  adjudication".   This
principle is expressed in the maxim "stare decisis  et  non  quieta  movers"
which means to stand by decisions and not to disturb what is  settled.  This
was aptly put by Lord Coke in his classic English version as  "Those  things
which have been  so  often  adjudged  ought  to  rest  in  peace".  However,
according to Justice Frankfurter, the doctrine of stare decisis is  not  "an
imprisonment of reason" (Advanced  Law  Lexicon,  P.  Ramanatha  Aiyer,  3rd
Edition 2005, Volume 4, p. 4456). The underlying logic of  the  doctrine  is
to maintain consistency and avoid uncertainty.  The  guiding  philosophy  is
that a view which has  held  the  field  for  a  long  time  should  not  be
disturbed only because another view is possible.



xxx              xxx                 xxx



119. Sir John  Salmond,  while  dealing  with  precedents  and  illustrating
instances of  departure  by  the  House  of  Lords  from  its  own  previous
decisions, states it to be desirable as  'it  would  permit  the  House  (of
Lords) to abrogate previous decisions which were  arrived  at  in  different
social  conditions  and  which   are   no   longer   adequate   in   present
circumstances. This view has been succinctly advocated by Dr.  Goodhart  who
said: "There is an obvious antithesis between rigidity and  growth,  and  if
all the emphasis is placed on absolutely binding cases then the  law  looses
the capacity to adapt itself to the changing spirit of the times  which  has
been described as the life of the law". This very principle  has  been  well
stated  by  William  O'   Douglas   in   the   context   of   constitutional
jurisprudence. He says: "So far as constitutional law  is  concerned,  stare
decisis must give way before the  dynamic  component  of  history.  Once  it
does, the cycle starts again".”



     The learned senior counsel further places reliance on the  judgment  of
this Court in the case of R. Unnikrishnan v.  V.K.  Mahanudevan[5],  wherein
it was held as under:
“19. It is trite that law favors  finality  to  binding  judicial  decisions
pronounced by Courts that are competent to deal  with  the  subject  matter.
Public interest is against individuals being vexed twice over with the  same
kind of litigation. The binding character of  judgments  pronounced  by  the
Courts of competent jurisdiction has always been  treated  as  an  essential
part of the rule of law which is the basis of the administration of  justice
in this country. We may gainfully refer  to  the  decision  of  Constitution
Bench of this Court  in  the  Daryao  v.  State  of  U.P.  where  the  Court
succinctly summed up the law in the following words:
‘It is in the interest of the public at large that a finality should  attach
to the binding decisions pronounced by  Courts  of  competent  jurisdiction,
and it is also in the public interest that individuals should not  be  vexed
twice over with the same  kind  of  litigation.  The  binding  character  of
judgments pronounced by  courts  of  competent  jurisdiction  is  itself  an
essential part of the rule of law, and the rule  of  law  obviously  is  the
basis of the administration of justice on which  the  Constitution  lays  so
much emphasis.’
20. That even erroneous  decisions  can  operate  as  res-judicata  is  also
fairly well settled by a long line of decisions rendered by this  Court.  In
Mohanlal Goenka v. Benoy Kishna Mukherjee this Court observed:
‘There is ample  authority  for  the  proposition  that  even  an  erroneous
decision on a question  of  law  operates  as  'res  judicata'  between  the
parties to it. The correctness or otherwise of a judicial  decision  has  no
bearing upon the question whether or not it operates as 'res judicata.’
21. Similarly, in State of West Bengal v. Hemant  Kumar  Bhattacharjee  this
Court reiterated the above principles in the following words:
‘A wrong decision by a court having jurisdiction is as much binding  between
the parties as a right one and may be superseded only by appeals  to  higher
tribunals or other procedure like review which the law provides.’
22. The recent decision of this  Court  in  Kalinga  Mining  Corporation  v.
Union of India is  a  timely  reminder  of  the  very  same  principle.  The
following passage in this regard is apposite:
‘In our opinion, if the parties are allowed to reagitate issues  which  have
been decided by a court of competent jurisdiction on a subsequent change  in
the law then all earlier litigation relevant thereto would always remain  in
a state of flux. In such circumstances, every time either  a  statute  or  a
provision thereof is declared ultra vires,  it  would  have  the  result  of
reopening of the decided matters within the period of  limitation  following
the date of such decision.”

The learned senior counsel contends  that  the  decision  rendered  by  this
Court in the case of Lord Jagannath referred to supra cannot be wished  away
by branding it as per  incuriam.  It  is  an  extremely  serious  matter  to
contend that a judgment is per incuriam. It is contended that  in  order  to
render a judgment per incuriam, it must be first shown  that  the  oversight
or inadvertence is a glaring and obtrusive omission.



 Mr. Harin P. Raval, the learned senior counsel appearing on behalf  of  the
appellant Temple Committee, on the other hand, contends  that  the  decision
of this Court in the case  of  Lord  Jagannath  referred  to  supra  is  per
incuriam as it was passed in ignorance of the Temple Act, 1955. The  learned
senior counsel contends that the judgment does not even notice Section 5  of
the Temple Act, 1955. The  judgment  was  passed  only  on  considering  the
provisions of the OEA Act, 1951.  The judgment held that it cannot  be  said
that the estate  of  Lord  Jagannath  could  not  be  vested  in  the  State
government  by  a  notification  issued  subsequently.  The  learned  senior
counsel contends that the OEA Act, 1951 is  an  Act  which  was  principally
enacted  for  the  purpose   of   abolishing   all   rights   in   land   of
“intermediaries” between the Raiyats and the state by  whatever  name  known
and for the vesting of the same in the state. It  could  thus,  only  divest
the intermediaries of its rights in land by vesting  it  in  the  State  but
cannot affect the statutory  vesting  of  all  endowments  in  the  managing
committee under Section 5 of the Temple Act, 1955. Thus, the  provisions  of
the OEA Act, 1951 even by way of insertion of Section 3A and the issue of  a
subsequent  notification  cannot  divest  the  absolute  ownership  of   the
endowments of the Temple.  The  learned  senior  counsel  submits  that  the
endowments vested in the managing committee and hence it  ceased  to  be  an
intermediary interest and  became  the  absolute  vested  property  of  Lord
Jagannath. The learned senior counsel contends  that  a  decision  given  in
ignorance of a statute or a rule having the force of a statue  can  be  held
to be per incuriam, as was held by a three Judge Bench of this Court in  the
case of Muncipal Corporation  of  Delhi  v.  Gurnam  Kaur[6].   The  learned
senior counsel further places reliance on another decision of this Court  in
the case of State of U.P v. Synthetics and Chemicals  Ltd.,[7]  wherein  the
principle of per incuriam was discussed as under:

“'Incuria literally means 'carelessness'. In practice per in curium  appears
to mean per ignoratium.' English Courts have  developed  this  principle  in
relaxation of the rule of stare decisis. The 'quotable in  law'  is  avoided
and ignored if it is rendered, in ignoratium of a statute or  other  binding
authority' (Young v.  Bristol  Aeroplane  Ltd.).  Same  has  been  accepted,
approved and adopted by this Court while interpreting  Article  141  of  the
Constitution which embodies the doctrine of precedents as a matter  of  law.
In Jaisri Sahu  v.  Rajdewan  Dubey,  this  Court  while  pointing  out  the
procedure to be followed when conflicting  decisions  are  placed  before  a
Bench extracted a passage from Halsbury Laws of  England  incorporating  one
of the exceptions when the decision of an Appellate Court is not binding.”


The learned senior counsel further places reliance on the decision  of  this
Court in the case of Fuerst Day  Lawson  Ltd.  v.  Jindal  Exports  Ltd.,[8]
wherein this Court  examined  the  prior  decisions  on  the  issue  of  per
incuriam at length and arrived at the following conclusion:
“23. A prior decision of this court on identical facts  and  law  binds  the
Court on the  same  points  of  law  in  a  latter  case.  This  is  not  an
exceptional case by inadvertence or oversight of any judgment  or  statutory
provisions running counter to the reason and result reached. Unless it is  a
glaring case of obtrusive omission, it is not desirable  to  depend  on  the
principle of judgment 'per incuriam'. It is also not shown  that  some  part
of the decision based on a reasoning which  was  demonstrably  wrong,  hence
the principle of per incuriam cannot be applied………”


The learned senior counsel contends that in the  Lord  Jagannath  case,  not
only did the Court ignore the provisions of the Temple Act,  1955,  it  also
ignored the decision of the Constitution Bench in the case of  Raja  Kishore
Deb referred to supra, wherein this Court has held that the  Lord  Jagannath
Temple occupies a unique position in the State of Odisha and is a temple  of
national importance and no other temple in that state can be  compared  with
it. It stands in a class by itself and with  respect  to  be  a  subject  of
special consideration by the State  Government  and  thus  requires  special
treatment.



We are unable to agree with the contention advanced by Mr. M.L.  Varma,  the
learned senior counsel appearing on  behalf  of  the  respondent  Math.  The
decision of this Court in the case of Lord Jagannath (supra)  does  not  bar
the present case by res judicata. The principle of  res  judicata,  codified
in Section 11 of the Code of Civil Procedure has been examined in  a  catena
of cases by this Court. A Constitution Bench of this Court in Sheodan  Singh
v. Daryao Kunwar[9], held as under:

“A plain reading of s. 11 shows that to constitute a  matter  res  judicata,
the following  conditions  must  be  satisfied,  namely  -  (i)  The  matter
directly and substantially in issue in the subsequent suit or issue must  be
the same matter which was directly and substantially in issue in the  former
suit; (ii) The former suit must have been a suit between  the  same  parties
or between parties under whom they or any of them claim; (iii)  The  parties
must have litigated under the same title in the former suit; (iv) The  court
which decided the  former  suit  must  be  a  court  competent  to  try  the
subsequent suit or the suit in which such issue is subsequently raised;  and
(v) The matter directly and substantially in issue in  the  subsequent  suit
must have been heard and finally decided by the Court in the first suit.”


The above legal principles laid down by this Court have been  reiterated  in
the case of Syed Mohd. Salie Labbai & Ors. v.  Mohd.Hanifa  &  Ors.[10],  as
under:

“…….it may be necessary to mention that before a plea of  res  judicata  can
be given effect, the following conditions  must  be  proved-  (1)  that  the
litigating parties must be the same; (2)  that  the  subject-matter  of  the
suit also must be identical; (3) that the matter  must  be  finally  decided
between the parties; and (4) that the suit must be decided  by  a  court  of
competent jurisdiction.”

In the Lord Jagannath case referred to supra, this Court was concerned  only
with the validity of the vesting notification dated 18.03.1974,  whereas  in
the instant case, it is the validity of the order dated 30.11.1992  that  is
being examined, along with the question  whether  land  once  vested  for  a
particular purpose, namely, as property of Lord Jagannath  can  be  divested
by operation of another legislation. Since the subject  matter  of  the  two
cases is not identical, the bar of res judicata  does  not  operate  on  the
proceedings in the instant case. Further, it is  well  settled  law  that  a
question of law can be raised at any time during  the  proceedings.  In  the
case of  National  Textile  Corporation  Ltd.  v.  Naresh  Kumar  Badrikumar
Jagad[11], it was held as under:-
“19. There is no quarrel to the settled legal proposition that  a  new  plea
cannot be taken in respect of any factual controversy  whatsoever,  however,
a new ground raising a pure  legal  issue  for  which  no  inquiry/proof  is
required can be permitted to be raised by the court  at  any  stage  of  the
proceedings.”


 We agree with  the  contention  advanced  by  the  learned  senior  counsel
appearing on behalf of the appellant Temple  Committee.  Most  respectfully,
we opine that the decision of this Court  in  the  case  of  Lord  Jagannath
referred  to  supra,  wherein  this  Court  upheld  the  validity   of   the
notification dated 18.03.1974 in so far as it  pertains  to  the  estate  of
Lord Jagannath is per-incuriam for non-consideration of  the  provisions  of
Sections 5 and 30 of the Temple Act, 1955 and the  law  laid  down  by  this
Court as regards between the two State enactments, which  one  will  be  the
Special Act over other.  While the doctrine of stare decisis is  crucial  to
maintain judicial discipline, what cannot be lost sight of the fact is  that
decisions which are rendered in ignorance of existing statutes and law  laid
down by this Court cannot bind subsequent Benches  of  this  Court.  In  the
case of Moti Kureshi Jamat referred to supra, it was held as under:

“112. The trend of judicial opinion, in our view, is that stare  decisis  is
not a dogmatic  rule  allergic  to  logic  and  reason;  it  is  a  flexible
principle of law operating in the province of precedents providing  room  to
collaborate with the demands of changing times  dictated  by  social  needs,
State policy and judicial conscience.”



It becomes clear from a perusal of the case law adverted to by  the  learned
senior counsel appearing on behalf of the appellant Temple Committee that  a
judgment can be said to be per incuriam when it is passed  in  forgetfulness
or ignorance of a statute operating in that field.  The  notification  dated
18.03.1974  vested  the  estates  of  Lord  Jagannath,  Puri  in  the  State
Government in view of the amended provision of the proviso to Section  2(oo)
of the OEA Act, 1951 inserted by way of an Amendment in the year  1974.  The
judgment in the case of Lord Jagannath was passed only on  consideration  of
the OEA Act, 1951. The provisions of the Temple  Act,  1955,  which  is  the
principal Act that applies to the  Lord  Jagannath  Temple,  Puri  were  not
adverted to at all.

We now turn our attention  to  the  validity  of  the  vesting  order  dated
30.11.1992 passed by the Tahsildar of Puri in O.E.A Claim  Case  No.  68  of
1990, by which the suit lands were settled in favour of the Temple.

Mr. Harin P. Raval, the learned senior counsel appearing on  behalf  of  the
appellant Temple Committee contends that  in  view   of  Section  5  of  the
Temple Act, 1955  read with Sections 16 and   33  of  the   said  Act,   all
endowments of the temple, including the properties belonging to or given  or
endowed for  the  support  of  the  Temple  or  given  or  endowed  for  the
performance of any service including the service of offerings to  the  deity
or charity connected therewith vest in Temple Committee. The learned  senior
counsel contends that the Temple Act,1955 is a special  legislation  enacted
by the State Government  of  Odisha  and  thus  overrides  any  general  law
enacted. The learned senior counsel contends that by Section 5 of  the  said
Act, the property vested in Temple Committee. The vesting  of  the  property
in the Temple Committee is statutory in nature by virtue  of  Section  5  of
the Temple Act,1955. He further contends that  once  land  has  been  vested
with the State, the same is not available for vesting again  merely  on  the
application of the amended provisions inserted later  in  another  Act.  The
learned senior counsel further  contends  that  the  Temple  Act,1955  is  a
special law enacted by which the  properties       and  endowments  of  Lord
Jagannath Temple, Puri stood statutorily vested  in  the  Temple  Committee.
The OEA Act, 1951, on the  other  hand,  was  enacted  for  the  purpose  of
abolishing all rights of ‘intermediaries’ between the raiyats and the  State
by whatever name known and for the vesting of the same in the  State.  Thus,
the provisions of the OEA Act, even by way of insertion of  Section  3A  and
the issue of a subsequent notification cannot divest the absolute  ownership
of the endowments of the Temple. The learned senior  counsel  contends  that
the endowments vested in the Temple Committee, and thus,  ceased  to  be  an
intermediary interest and  became  the  absolute  vested  property  of  Lord
Jagannath. The learned senior counsel places reliance  on  the  judgment  of
this Court in the case of  U.P  State  Electricity  Board  &  Anr.  v.  Hari
Shankar  Jain  &  Ors.[12],  wherein  this  Court  while  holding  that  the
provisions of a special  statute  must  prevail  over  those  of  a  general
statute held as under:

“8. The maxim "Generalia Specialibus non derogant" is quite well known.  The
rule flowing from the maxim has been explained in Mary Seward v.  The  Owner
of the "Vera Cruz" as follows:
Now if anything be certain it is this, that where there  are  general  words
in a later Act  capable  of  reasonable  and  sensible  application  without
extending them to subjects specially dealt with by earlier legislation,  you
are not to hold that earlier and special  legislation  indirectly  repealed,
altered, or derogated from merely by force of such  general  words,  without
any indication of a particular intention to do so.
9. The reason for the rule that  a  general  provision  should  yield  to  a
specific provision is this: In passing a  Special  Act,  Parliament  devotes
its entire consideration to a particular subject.  When  a  General  Act  is
subsequently passed, it is  logical  to  presume  that  Parliament  has  not
repealed or modified the former Special  Act  unless  it  appears  that  the
Special Act again received consideration from Parliament………”


The learned  senior  counsel  further  places  reliance  on  a  more  recent
judgment of this Court, in the case of Commercial Tax Officer, Rajasthan  v.
Binani Cements Ltd. & Anr.[13], wherein  after  adverting  to  a  number  of
previous decisions on the aspect, it was held as under:
“46. In Gobind Sugar Mills Ltd. v. State of Bihar this  Court  has  observed
that while determining the question whether a statute  is  a  general  or  a
special one, focus must be on the principal subject-matter  coupled  with  a
particular perspective with reference to the intendment  of  the  Act.  With
this basic principle in mind, the provisions must be examined  to  find  out
whether it is possible to construe harmoniously the two  provisions.  If  it
is not possible then an effort will have to be  made  to  ascertain  whether
the legislature had intended to accord a  special  treatment  vis-à-vis  the
general entries and a further endeavour will have to be  made  to  find  out
whether the specific provision excludes the  applicability  of  the  general
ones. Once we come to the conclusion that intention of  the  legislation  is
to exclude the general provision then the  rule  "general  provision  should
yield to special provision" is squarely attracted.
47. Having noticed the aforesaid, it could be concluded  that  the  rule  of
statutory construction that the specific  governs  the  general  is  not  an
absolute rule but is merely a strong indication of  statutory  meaning  that
can be overcome by textual indications that point in  the  other  direction.
This rule is particularly  applicable  where  the  legislature  has  enacted
comprehensive scheme and has deliberately targeted  specific  problems  with
specific solutions. A subject specific provision  relating  to  a  specific,
defined and descriptable subject is regarded as an exception  to  and  would
prevail over a general provision relating to a broad subject.”


Mr. M.L. Varma, the learned  senior  counsel  appearing  on  behalf  of  the
respondent Math, on the other hand, contends that Section 5  of  the  Temple
Act, 1955 only pertains to the administration and governance of  the  Temple
and its endowments that vest in the committee.  The  Temple  Act,  1955  was
enacted  because  of  serious  irregularities  in  the  administration   and
governance of the Temple and its endowments and for reorganizing the  scheme
of management of the affairs of the temple and  its  properties.  Only  what
was being managed by the Raja of Puri was taken over under the  Temple  Act,
1955. The learned senior counsel places reliance  on  B.K  Mukherjea’s  ‘The
Hindu  Law  of  Religious  and  Charitable  Trust’  and  contends  that  the
respondent Math is a Vaishnava Math of Puri.  The  Math  and  the  Jagannath
Temple have co existed for centuries.  Each  is  a  separate  legal  entity,
holding its properties separately and performing  its  religious  and  other
functions in accordance with religious customs and usage. The Math  and  the
Temple hold their own properties separately. Acquisition of property can  be
done only  through  transfer  or  succession.  The  learned  senior  counsel
contends that the appellant Temple Committee has not produced  any  evidence
on record through which it could claim the ownership over  the  property  of
the  respondent  Math.  The  learned  senior  counsel  contends   that   the
‘amrutamanohi’ properties are endowed to two different legal  entities-  the
Temple and the Math. Thus, it cannot be contended  that  the  properties  of
the Math belong to the Temple.

 The learned senior counsel further contends that Section 2(oo) of  the  OEA
Act, 1951 which defines Trust Estate, was inserted in the year  1974.  Under
the proviso, all estates belonging to the  temple  of  Lord  Jagannath  were
deemed to be trust estates. Thus, the estate of Lord Jagannath  came  to  be
vested in the State  Government  vide  notification  dated  18.03.1974.  The
amendments to the OEA Act, 1951 were effected when the Temple Act, 1955  was
in force. The learned senior counsel contends that  it  is  a  well  settled
principle of law  that  a  subsequent  legislation  prevails  over  a  prior
legislation.


 We accept the contentions advanced by the learned senior counsel  appearing
on behalf of the appellant Temple Committee and are  unable  to  agree  with
the contentions advanced by the learned senior counsel appearing  on  behalf
of the respondent Math. The Temple and  the  Math  are  two  distinct  legal
entities. The OEA Act, 1951 was enacted to provide for the abolition of  all
rights, title and interest in the land of  intermediaries  and  vesting  the
same in the State. The Act was thus meant to abolish  the  interest  of  the
intermediaries in the land. A Constitution Bench of  this  Court,  upholding
the constitutional validity of the Act in the case of K.C  Gajapati  Narayan
Deo & Ors. v. State of Orissa[14] held as under:
“The primary purpose of the Act  is  to  abolish  all  zamindari  and  other
proprietary  estates  and  interests  in  the  State  of  Orissa  and  after
eliminating all the  intermediaries,  to  bring  the  ryots  or  the  actual
occupants of the lands in direct contact with the State Government.  It  may
be convenient here to refer briefly to some of the  provisions  of  the  Act
which are material for our present purpose. The object  of  the  legislation
is fully set out in the preamble to  the  Act  which  discloses  the  public
purpose underlying it. Section 2(g) defines an "estate" as meaning any  land
held by an intermediary and included under one entry in any of  the  general
registers of  revenue-paying  lands  and  revenue-free  lands  prepared  and
maintained under the law for the time being in force by the Collector  of  a
district. The expression "intermediary" with  reference  to  any  estate  is
then defined and it means  a  proprietor,  sub-proprietor,  landlord,  land-
holder... thikadar,  tenure-holder,  under-tenure-holder  and  includes  the
holder of inam estate, jagir and maufi tenures and all  other  interests  of
similar nature between the  ryot  and  the  State.  Section  3  of  the  Act
empowers the State Government to declare, by notification, that  the  estate
described in the  notification  has  vested  in  the  State  free  from  all
encumbrances. Under section 4 it is open to the  State  Government,  at  any
time  before  issuing  such   notification,   to   invite   proposals   from
"intermediaries" for surrender of their estates and if  such  proposals  are
accepted, the surrendered estate shall vest in the  Government  as  soon  as
the  agreement  embodying  the  terms  of   surrender   is   executed.   The
consequences of vesting either by issue of notification or as  a  result  of
surrender are described in detail in section 5  of  the  Act.  It  would  be
sufficient for our present purpose to state that the primary consequence  is
that all lands comprised in the estate including communal  lands,  non-ryoti
lands, waste lands, trees,  orchards,  pasture  lands,  forests,  mines  and
minerals, quarries rivers and streams,  tanks,  water  channels,  fisheries,
ferries, hats and bazars, and buildings  or  structures  together  with  the
land on which they stand shall, subject to the other provisions of the  Act,
vest absolutely in the State Government free from all encumbrances  and  the
intermediary shall cease to have any interest in them.”
                     (emphasis laid by this Court)
On the other hand,  keeping  in  view  the  growing  irregularities  in  the
management of the affairs of the temple, the Temple Act,  1955  was  enacted
by the state, which received the assent of the President on  15.10.1955.  We
agree with the contention advanced  by  Mr.  Harin  P.  Raval,  the  learned
senior counsel appearing on behalf of the appellant  Temple  Committee  that
as far as the Jagannath Temple of Puri and  its  endowments  are  concerned,
the provisions of  the  Temple  Act,  1955,  being  the  special  law,  take
priority over the provisions of any other  legislation.  Section  5  of  the
Temple Act, 1955 makes it clear that the properties and  endowments  of  the
Temple stand statutorily vested in the Temple  Committee.  The  Constitution
Bench judgment in the case of Surjanarayan Das referred  to  supra  draws  a
distinction between the  ‘amrutamanohi’  properties  of  the  Math  and  the
Temple in the following terms:
“40. The Gazetteer makes a reference to such properties and states:-

"Both Saiva and Vaishnava Maths exist in Puri. The lands of the  latter  are
known as Amruta Manohi (literally nectar  food),  because  they  were  given
with the intention that the proceeds thereof should  be  spent  in  offering
bhoga before Jagannath and that  the  Mahaprasad  thus  obtained  should  be
distributed among pilgrims, beggars and ascetics;  they  are  distinct  from
the  Amruth  Manohi  lands  of  the  Temple  itself  which  are  under   the
superintendence of the Raja".
This statement makes it clear that lands  endowed  to  the  temple  of  Lord
Jagannath are distinct from the lands or property endowed to  the  Vaishnava
Maths for the purpose of utilising the  proceeds  of  those  properties  for
offering bhoga before Lord Jagannath  and  the  subsequent  distribution  of
that Mahaprasad among pilgrims, beggars and  ascetics,  presumably  visiting
the Math, or approaching its authorities for a portion of the  Maha  Prasad.
The mere fact that the proceeds of the properties were to be so used,  would
not justify the conclusion that these properties were  not  endowed  to  the
Maths but were endowed to the temple of Lord Jagannath.  Properties  endowed
to the temple of Lord Jagannath were, according to this  statement,  in  the
Gazetteer, not under the superintendence of any Math  or  Mahant  but  under
the superintendence of the Raja of Puri himself.”
                   (emphasis laid by this Court)

 The OEA Act, 1951 was enacted with a view to abolish the rights, title  and
interest of  intermediaries  in  the  land  in  the  State  of  Odisha.  The
Statement of Objects and Reasons of the OEA Act, 1951 reads as under:

“……in the interest of the cultivators of  the  soil  and  for  the  general,
material and social advancement of the Province, it is necessary  to  remove
all intermediaries  between  the  Government  and  the  ryots.  The  general
consensus  of  opinion  is  that  the  zamindari  system   has   perpetuated
assessment which has no relation to the productive capacity of the land  and
has further led to loss of contact between the  Government  and  the  actual
cultivator and has acted as a break in  agricultural  improvement……It  seems
without  a  social  change  in  the  existing  system  of  land  tenure   no
coordinated plan of agricultural reconstruction can  be  undertaken  with  a
fair rent, fixity of tenure, proper maintenance of  irrigation  sources  and
consequent increases of crop yield and extension of cultivation.......”
                    (emphasis laid by this Court)

The OEA Act, 1951 was thus enacted with a view to  protecting  the  interest
of the cultivators of the soil  and  to  do  away  with  the  evils  of  the
zamindari system. In the light of the same,  it  cannot  be  said  that  the
provisions of the OEA Act, 1951 will apply to  the  land  of  the  appellant
Temple Committee over the provisions of  the  Temple  Act,  1955,  which  is
clearly the special legislation in the instant case. At this  stage,  it  is
also crucial to  examine  the  statement  of  objects  and  reasons  of  the
Amendment Act of 1974 by virtue of which Section 2(oo) was inserted  in  the
OEA Act, 1951. It states as under:
“The Orissa Estates Abolition  Act,  1951  provides  for  the  abolition  of
temporarily  and  permanently  settled  zamindaris  and  other  intermediary
interests and tenures in the State  of  Orissa.  All  estates  except  trust
estates have vested in the Government by virtue of notifications  issued  in
that behalf by the Government under the Act. For carrying out  the  purposes
of trusts efficiently and to ensure proper performance of traditional  rites
and rituals in the religious institutions when trust estates are  vested  in
the Government……and that any  land  or  building  (being  part  of  a  trust
estate) vested in the Government  maybe  settled  in  certain  circumstances
with the person who immediately before such vesting was an  intermediary  in
respect of such land or building.”
                     (emphasis laid by this Court)
A perusal of the aforementioned objects and reasons makes it clear that  the
said amendment clearly encroaches upon the field of the Temple Act, 1955.


The said amendment has been enacted with  a  view  to  ensuring  the  proper
performance of traditional rites and rituals in the religious  institutions.
As far as the  Lord  Jagannath  Temple  at  Puri  is  concerned,  the  State
Legislature had already enacted the Temple Act, 1955  and  vested  the  land
belonging to the Temple in the Temple  Management  Committee  by  virtue  of
Sections 5 and 30 of the Act of 1955. The object of  the  said  Act  was  to
provide for better administration and  governance  of  the  affairs  of  the
Temple and its properties.       Thus,  proviso  to  Section  2(oo)  of  the
     OEA Act, 1951, by which the estates belonging to  the  Temple  of  Lord
Jagannath at Puri within the  meaning  of  the     Temple  Act,  1955    are
deemed to  be Trust Estates is in direct contravention and    subversion  of
the provisions  of the  Temple  Act,  1955.  Further,  even  the  contention
advanced    on   behalf       of     the     respondent    Math    that    a
subsequent legislation takes precedence over a prior decision is  liable  to
be rejected as the same is not tenable in law. The same becomes  clear  from
the decision of this Court in  the  case  of  U.P  State  Electricity  Board
referred to supra, wherein  a  three  judge  bench  had  to  adjudicate  the
operation of a subsequent general legislation in the following terms:
“We have already shown that the Industrial Employment (Standing orders)  Act
is a Special Act dealing with a Specific subject, namely the  conditions  of
service,  enumerated   in   the   Schedule,   of   workmen   in   industrial
establishments. It is impossible to conceive that Parliament sought       to
abrogate the provisions of the Industrial Employment (Standing  orders)  Act
embodying  as  they  do  hard-won  and  precious  rights  of   workmen   and
prescribing as they do an elaborate procedure,  including  a  quasi-judicial
determination, by a general, incidental provision like  Sec.  79(c)  of  the
Electricity Supply Act.     It is obvious that Parliament did      not  have
before it the Standing orders Act when  it  passed  the  Electricity  Supply
Act and Parliament never meant that  the       Standing  orders  Act  should
stand protanto re pealed by Sec. 79(c) of the  Electricity  Supply  Act.  We
are clearly of the view that the provisions of the Standing orders Act  must
prevail over S. 79(c) of the Electricity Supply Act, in  regard  to  matters
to which the Standing orders Act applies.”

Further, Justice Krishna Iyer in the case of LIC v. D.J. Bahadur[15],  while
examining the difference  between  general  and  special  statutes  held  as
under:
“In determining whether a statute is a special or a general one,  the  focus
must be on the principal subject matter  plus  the  particular  perspective.
For certain purposes, an Act may be general and for certain  other  purposes
it may be special and we cannot blur distinctions when  dealing  with  finer
points of law. In law, we have a cosmos of relativity not  absolutes-so  too
in life. The ID Act is a special statute  devoted  wholly  to  investigation
and settlement of industrial disputes which provides definitionally for  the
nature of industrial  disputes  coming  within  its  ambit.  It  creates  an
infrastructure for investigation into, solution  of  and  adjudication  upon
industrial  disputes.  It  also  provides  the   necessary   machinery   for
enforcement of awards and settlements. From alpha to omega the  ID  Act  has
one  special  mission-the  resolution   of   industrial   disputes   through
specialised agencies according to specialised procedures  and  with  special
reference  to  the  weaker  categories  of  employees  coming   within   the
definition of workmen. therefore,  with  reference  to  industrial  disputes
between employers and workmen, the ID Act is  a  special  statute,  and  the
L.I.C. Act does not speak at all with specific reference to workmen. On  the
other hand, its powers relate to the general aspects of nationalisation,  of
management when private businesses  are  nationalised  and  a  plurality  of
problems which,  incidentally,  involve  transfer  of  service  of  existing
employees of insurers. The  workmen  qua  workmen  and  industrial  disputes
between workmen and the employer as such are beyond the orbit  of  and  have
no specific or special place in the scheme of the L.I.C. Act.  And  whenever
there was a dispute between workmen and management the ID Act mechanism  was
resorted to.”

Further, on the point of a subsequent legislation taking precedence  over  a
prior legislation, he observed as under:
“The  general  rule,  that  prior  statutes  are  held  to  be  repealed  by
implication by subsequent statutes if the two are repugnant, is said not  to
apply if the prior enactment is special  and  the  subsequent  enactment  is
general, the rule of law being, as stated by Lord  Selbourne  in  Seward  v.
Vera Cruz (1884) 10 AC 59 "that where there are general  words  in  a  later
Act capable of reasonable and sensible application  without  extending  them
to subjects specially dealt with by earlier  legislation,  you  are  not  to
hold that earlier and special legislation indirectly repealed,  altered,  or
derogated  from  merely  by  force  of  such  general  words,  without   any
indication of a particular intention to do so", "There is a well-known  rule
which has application to this case, which is that a subsequent  general  Act
does not affect a prior special Act by implication. That  this  is  the  law
cannot be doubted, and the cases on the subject will be found  collected  in
the third edition of Maxwell  is  generalia  specialibus  non  derogant-i.e.
general  provisions  will  not  abrogate  special  provisions.   "When   the
legislature  has  given  its  attention  to  a  separate  subject  and  made
provision for it, the presumption is that a subsequent general enactment  is
not intended to interfere with the special  provision  unless  it  manifests
that intention very clearly.  Each  enactment  must  be  construed  in  that
respect according to its own subject-matter and its own terms.”
(emphasis laid by this Court)


  In the instant case, there is a clear  conflict  between  the  proviso  of
Section 2(oo) of the OEA Act, 1951 and Sections 5 and 30 of the Temple  Act,
1955. It is also clear that both the above statutory provisions of the  Acts
cannot survive together. While the rule of harmonious construction  must  be
given effect to as far as possible, when the provisions of two statutes  are
irreconcilable, it needs to be decided as to which provision must  be  given
effect to. In the instant case, Section 2(oo) proviso  in  its  entirety  is
not violative  of  the  provisions  of  the  Temple  Act.  At  the  cost  of
repetition, we reproduce the relevant part of Section 2(oo) of the OEA  Act,
1951 as under:
“Provided that all estates belonging to the  Temple  of  Lord  Jagannath  at
Puri within the meaning of the Shri  Jagannath  Temple  Act,  1955  and  all
estates declared to be trust estates by a  competent  authority  under  this
Act prior to the date of coming into force of the  Orissa  Estate  Abolition
(Amendment) Act, 1970 shall be deemed to be trust estates.”
                     (emphasis laid by this Court)

It is only the first part of the proviso which is in  contravention  of  the
Temple Act, 1955. If that part of the proviso continues to be given  effect,
Sections 5 and 30 of the Temple Act, 1955, by  which  the  estates  of  Lord
Jagannath Temple at Puri are vested in the Temple Committee will lose  their
meaning. By striking down Section 2(oo) proviso to  that  extent,  both  the
provisions will be able to operate.
In Commercial Tax Officer v. Binani Cements  Ltd.[16]  this  Court  held  as
under:
“It is well established that when a general law and a  special  law  dealing
with some aspect dealt with by the general law are  in  question,  the  rule
adopted and applied is one of harmonious construction  whereby  the  general
law, to the extent dealt with by the special  law,  is  impliedly  repealed.
This  principle  finds  its  origins  in  the  latin  maxim   of   generalia
specialibus non derogant, i.e., general law yields  to  special  law  should
they operate in the same field on same subject.”
                  (emphasis laid by this Court)

    In J.K.  Cotton  Spinning  and  Weaving  Mills  Co.  Ltd.  v.  State  of
U.P.[17], a three judge bench of this Court held as under:
“9. ...We reach the same result by  applying  another  well  known  rule  of
construction that  general  provisions  yield  to  special  provisions.  The
learned  Attorney-General  seemed  to  suggest  that  while  this  rule   of
construction is applicable to  resolve  the  conflict  between  the  general
provision in one Act and the special provision  in  another  Act,  the  rule
cannot apply in resolving a conflict between general and special  provisions
in the same legislative instrument. This suggestion does  not  find  support
in either principle or authority. The rule that  general  provisions  should
yield to specific provisions is not an arbitrary principle made  by  lawyers
and Judges but springs from the common understanding of men and  women  that
when the same person gives two directions one covering  a  large  number  of
matters in general and another to only some of them his  intention  is  that
these latter directions should prevail as regards  these  while  as  regards
all the  rest  the  earlier  direction  should  have  effect.  In Pretty  v.
Solly (quoted in Craies on Statute  Law  at  p.m.  206,  6th Edn.)  Romilly,
M.R., mentioned the rule thus:
The rule is, that whenever there is a particular  enactment  and  a  general
enactment  in  the  same  statute  and  the  latter,  taken  in   its   most
comprehensive sense, would overrule the  former,  the  particular  enactment
must be operative, and the general enactment must be taken  to  affect  only
the other parts of the statute to which it may properly apply.
The rule has been applied  as  between  different  provisions  of  the  same
statute in numerous cases some of which only need  be  mentioned: De  Winton
v. Brecon, Churchill v. Crease,  United  States  v.  Chase  and  Carroll  v.
Greenwich Ins. Co.
10. Applying this rule of construction that in cases of conflict  between  a
specific provision and a general provision the specific  provision  prevails
over the general provision and the general provision applies  only  to  such
cases which are not covered by the special  provision,  we  must  hold  that
Clause 5(a) has no application in a case where  the  special  provisions  of
Clause 23 are applicable.”
                   (emphasis laid by this Court)

It becomes clear from a perusal of the  above  mentioned  two  judgments  of
this Court that while provisions of different statutes must be  harmoniously
constructed as far as possible, in cases  where  it  is  not  possible,  the
Court needs to examine as to which provision must be given effect to.
In the case in hand, the first part of the proviso of Section 2(oo)  of  the
OEA Act, 1951 cannot be allowed to sustain. Clearly, the  intention  of  the
legislature could not have been to render virtually the entire  Temple  Act,
enacted on the specific subject, meaningless, by way of enacting  a  proviso
to Section 2(oo) of the OEA Act, 1951 as an amendment in 1974, which is  the
general legislation in the instant case.  Section  2(oo)  of  the  OEA  Act,
1951, thus, to that extent requires to be struck down so that both  the  OEA
Act, 1951 as well as the Temple Act, 1955 can be given due effect  in  their
respective field of operation. In exercise of  the  powers  conferred  under
Article 142 of the Constitution, this Court can pass any  order  as  may  be
“necessary for doing complete justice” in a case before it. In  the  instant
case, great injustice will be caused to the appellant Temple if  the  rights
conferred upon it by the  Temple  Act  are  allowed  to  be  taken  away  by
operation of the proviso to Section 2(oo) of  the  OEA  Act.  Therefore,  we
have to strike down the proviso to Section 2(oo) of the  OEA  Act  and  also
quash the notification dated 18.03.1974 in so  far  as  it  relates  to  the
property of Lord Jagannath Temple at Puri.

 

Further, it is a settled principle of law that once a property is vested  by
an Act of legislature, to achieve the laudable object, the  same  cannot  be
divested by the enactment of  any  subsequent  general  law  and  vest  such
property under such law. Similarly, if in  the  instant  case,  we  were  to
accept the contentions advanced by the learned senior counsel  appearing  on
behalf of the respondent Math, then Sections 5 and 30  of  the  Temple  Act,
1955 will be rendered useless and nugatory and thereby the  laudable  object
and intendment of the Temple Act will be defeated and  the interest  of  the
public at large will be affected. Thus, the  notification  dated  18.03.1974
issued by the State Government under Section  3-A  of  the  OEA  Act,  1951,
whereby the estate of Lord Jagannath Mahaprabhu Bije,  Puri  vested  in  the
State Government (in terms of Point (ii) of the notification), is liable  to
be quashed to that extent. As a  consequence,  the  order  dated  30.09.1981
passed by the OEA Tahsildar, who falls within the  inclusive  definition  of
Collector in terms of Section 2 (d) of the OEA Act, 1951, settling the  land
in favour of the Mahantas  of  various  Maths  as  Marfatdars  of  the  Shri
Jagannath Mohaprabhu Bije, Puri is in violation of  the  provisions  of  the
Temple Act, 1955 and is thus, liable to be set aside.

Answer to Point No. 2
We will now examine whether even according to  the  provisions  of  the  OEA
Act, 1951, the respondent Math had the right  to  file  an  application  for
settlement of the suit lands in terms of Sections 6 and 7 of  the  OEA  Act,
1951. There are certain provisions of the OEA Act, 1951  which  need  to  be
appreciated at this stage.

    Section 2(hh) of the OEA Act, 1951 defines an intermediary  interest  as
follows:
“‘Intermediary interest’ means an estate or any rights or  interest  therein
held or owned by or vested in an Intermediary and any reference to  ‘estate’
in this Act shall be construed as including  a  reference  to  ‘Intermediary
Interest’ also”

    Section 8-A provides for filing of claims under Section  6,7  and  8  of
the OEA Act, 1951 which reads as under:
“8-A. Filing of claims under  Section  6,  7  and  8  and  dispute  relating
thereto – (1) The Intermediary  shall  file  his  claim  in  the  prescribed
manners for settlement of fair and equitable rent in respect  of  lands  and
building which are deemed to be settled with him under Section 6 or  Section
7 before the Collector within 6 (six) months from the date of vesting.”

Mr. M.L. Varma, the learned  senior  counsel  appearing  on  behalf  of  the
respondent Math contends that Section 2(oo)of the OEA Act,1951  was  amended
in the year 1974, in terms of which all estates belonging to the  temple  of
Lord Jagannath were deemed to be trust estates. Thus,  the  same  vested  in
the State Government after notification of 18.03.1974. Thus, the  provisions
of Section 8A of the OEA Act,  1951  come  into  play,  and  accordingly  an
intermediary had the right to file its claim  before  the  Collector  within
six months. The learned senior  counsel  contends  that  the  lands  of  the
respondent Math were recorded in the Record of  Rights,  and  the  Tahsildar
issued an inquiry report which stated that  the  said  respondents  were  in
possession of the lands. The lands were accordingly  settled  in  favour  of
the respondent Math vide order dated 30.09.1981. The learned senior  counsel
further  contends  that  the  application  filed  by  the  appellant  Temple
Committee under Section 8-A, in which an  order  dated  30.11.1992  settling
the lands in their favour was passed was liable to  be  set  aside,  as  the
respondent Math herein was not a party to the same. It is further  contended
that the order was liable to be set aside, as the lands already  settled  by
way of order dated 12.01.1982 in favour of the respondent  Math,  could  not
be re-settled as the same were not available for the Collector to do  so  in
view of the earlier order, referred to supra.

 

Mr. Shibasis Mishra, the learned counsel appearing on behalf  of  the  State
of Odisha, the appellant in Civil Appeal No.142 of 2010 contends that  after
the decision of this Court in the case of Lord Jagannath referred to  supra,
the State Government vide notifications  dated  18.04.1989  and  20.11.1990,
extended the time period for filing of claims in respect of estates of  Lord
Jagannath. On 20.11.1990, the Temple Committee lodged  its  claim  recording
the estates of Lord Jagannath in favour of Shri Jagannath  Mahaprabhu  Bije,
Puri, Marfat through Shri Jagannath  Temple  Managing  Committee  by  filing
Claim Case No. 68 of 1990. On 30.11.1992, the order was passed  by  the  OEA
Collector recording the properties in favour of the Temple Committee.

 

We cannot accept the contentions advanced  by  the  learned  senior  counsel
appearing on behalf of the respondent Math. The Form ‘H’ submitted in  terms
of the OEA Act, 1951 in Claim Case No. 58 of 1975 reveals that while  Column
9 “[Whether with respect to the lands in possession of the applicant or  his
temporary lessee or mortagagee on the date of vesting]” is marked  as  ‘Self
Possession’, and Column 11 “[If in the possession of a temporary  lessee  or
mortgagee give full details of the lessee or  mortgagee……]”  has  been  left
blank. Therefore, the claim of the respondent Math  and  the  basis  of  its
claim is not stated in the claim petition. In the absence of the  same,  its
claim as intermediary to prefer claim under Sections 5, 6, 7, 8 of  the  OEA
Act, 1951 before the Tahsildar is wholly  untenable  in  law.  Further,  the
order dated 12.01.1982, passed in OEA Claim Case No. 58  of  1975  filed  by
the respondent Math to settle the lands in their favour has been  passed  by
the Tahsildar, Puri. Section 8-A  of  the  Act  clearly  provides  that  the
claims have to be filed before the Collector.  Mr.  L.  Nageshwar  Rao,  the
learned senior counsel appearing on behalf of the  Tahsildar  contends  that
the definition of Collector in the OEA Act, 1951 is an  inclusive  one,  and
therefore he had the authority to determine the rights  of  the  respondent.
We cannot agree with this legal contention advanced by  the  learned  senior
counsel. The  proceedings  under  Section  8-A,  OEA  Act,  1951  are  quasi
judicial in nature. The Orissa High Court  in  the  case  of  Bharat  Bihari
Mishra v. State of Orissa[18], has held as under:

“All the above provisions of the Act and the Rules go to indicate  that  the
proceeding under Section 8-A(1) is quasi judicial in nature.  The  procedure
for conduct of  the  proceeding  has  been  provided  in  the  Act  and  the
different Rules as noted above.”


It is well  settled  in  law  that  a  quasi  judicial  function  cannot  be
delegated  and  therefore,  the  inclusive  reading  of  the  definition  of
Collector under Section 2(d) of the OEA Act, 1951 to also include  Tahsildar
can  be  applied  only  as  far  as  it  pertains  to   the   discharge   of
administrative powers of the Collector. In reference  to  the  role  of  the
Tahsildar under the OEA Act, 1951, this Court has held  that  the  Tahsildar
performs an administrative function and not a quasi  judicial  one.  In  the
case of Basanti Kumar Sahu v. State of Orissa[19]  a three  judge  bench  of
this Court has held as under:
“If it had been an order made on the quasi-judicial  side,  the  High  Court
would have held that the Tribunal had jurisdiction under  Section  38-B  and
there would have been no occasion to interfere  with  the  order.  The  High
Court justified the Board's order to the extent it annulled the  Tahsildar's
order dated 17-12-1977 but interfered with it solely on the ground that  the
Board had no jurisdiction since the  Tahsildar's  order  was  not  a  quasi-
judicial  order.  In  other  words,  according  to  the  High   Court,   the
Tahsildar's order was an administrative order. If that be so, one  fails  to
understand why the matter should be remitted to the Tahsildar once again  to
take an administrative decision? The order of the High Court is,  therefore,
unsustainable.”


Since the Tahsildar performs only an administrative function under  the  OEA
Act, 1951 and not a quasi judicial function, thus, he was not  competent  to
pass the order of settlement of claim either under Section 6 or 7  or  8  of
the OEA Act, 1951. For the reasons stated in answer  to  Point  No.1  above,
vesting of the suit lands in favour of the Math is bad in law.  Further,  as
we have already held supra that once the land already vested in  the  Temple
Committee under Sections 5 and 30  of  the  Temple  Act,  1955  which  is  a
special enactment to deal with  the  properties  endowed  to  the  appellant
Temple Committee, the same could not have  been  divested  by  applying  the
provisions of the OEA Act, 1951 by  way  of  an  amendment  to  the  Act  by
insertion of Sections 2(oo) and 3A in the OEA Act, 1951,  as  the  operation
of the said Act and the Temple Act, 1955 are in  different  fields  and  the
objects  and  intendment  of  the  abovementioned  two  Acts  are   entirely
different. A constitution bench of this Court in the case  of  Calcutta  Gas
Company Ltd. v. State of West Bengal[20]  held that in case  of  a  conflict
or overlap between different entries, the rule  of  harmonious  construction
must be applied to give effect to  all  the  entries.  This  Court  held  as
under:
“8. ……Before construing the said entries is would be useful to  notice  some
of the well settled rules of interpretation laid down by the  Federal  Court
and this Court in the matter of  constructing  the  entries.  The  power  to
legislate is given to the appropriate Legislatures by  Article  246  of  the
Constitution. The entries in the three Lists are only legislative  heads  or
fields of legislation; they demarcate the area over  which  the  appropriate
Legislatures can operate. It is also  well  settled  that  widest  amplitude
should be given to the language of the entries. But some of the  entries  in
the different List or in the same List may overlap and  sometimes  may  also
appear to be in direct conflict with each other. It  is  then  the  duty  of
this Court to reconcile the entries and bring about  harmony  between  them.
When the question arose about reconciling entry 45  of  List  I,  duties  of
excise, and entry 18 of List II, taxes on the sale of goods,  of  Government
of India Act, 1935, Gwyer, C.J., in In re The Central  Provinces  and  Berar
Act No. XIV of 1938, observed :
"A grant of the power in general terms, standing by itself, would  no  doubt
be construed in the wider sense; but it may be qualified  by  other  express
provisions in the same enactment, by the implication  of  the  context,  and
even by considerations arising out of what appears to be the general  scheme
of the Act."
The learned Chief Justice proceeded to state :
"........... an endeavour  must  be  made  to  solve  it,  as  the  Judicial
Committee have said by having recourse to the  context  and  scheme  of  the
Act, and a  reconciliation  attempted  between  two  apparently  conflicting
jurisdictions by reading the two entries together and by interpreting,  and,
where necessary, modifying the language of the one by that of the other.  If
indeed such a reconciliation should prove impossible, then, and  only  then,
will the non-obstante clause operate and the federal power prevail."
The Federal Court in that case held that the entry "taxes  on  the  sale  of
goods" was not covered by the entry "duties of  excise"  and  in  coming  to
that conclusion, the learned Chief Justice observed :
"Here are two separate enactments, each in one aspect conferring  the  power
to impose a tax upon goods; and it would accord  with  sound  principles  of
construction to take the more general  power,  that  which  extends  to  the
whole of India, as subject to an exception created by the particular  power,
that which extends to  the  provinced  only.  It  is  not  perhaps  strictly
accurate to speak of the provincial power  as  being  excepted  out  of  the
federal power, for the two are independent of one another and exist side  by
side. But the underlying principle in the two cases must be the  same,  that
a general power ought not to be so construed as  to  make  a  nullity  of  a
particular power conferred by the same Act and operating in the same  field,
when by reading the former in a more restricted sense effect  can  be  given
to the latter in its ordinary and natural meaning."
The rule of construction  adopted  by  that  decision  for  the  purpose  of
harmonizing the two apparently conflicting entries in the  two  Lists  would
equally apply to an apparent conflict between two entries in the same  List.
Patanjali  Sastri,  J.,  as  he  then  was,  held  in  State  of  Bombay  v.
Narothamdas  Jethabai,  that  the  words  "administration  of  justice"  and
"constitution and organization of all courts" in item one of List II of  the
Seventh Schedule to the Government of India Act, 1935,  must  be  understood
in a restricted sense excluding from their scope  "jurisdiction  and  powers
of courts" specifically dealt with in item 2 of List II.  In  the  words  of
the learned  Judge,  if  such  a  construction  was  not  given  "the  wider
construction of entry 1 would deprive entry 2 of all its content and  reduce
it to useless lumber." This rule of  construction  has  not  been  dissented
from in any of the subsequent decisions of this Court.  It  may,  therefore,
be taken as a well settled rule of construction that  every  attempt  should
be made  to  harmonize  the  apparently  conflicting  entries  not  only  of
different Lists but also of the same List and to  reject  that  construction
which will rob one of  the  entries  of  its  entire  content  and  make  it
nugatory.”
                     (emphasis laid by this Court)


    In the light of the reasons assigned by us in answer to Point  No.1  and
held in favour of the Temple, there was no need for the Temple Committee  to
file claim proceedings under Section 8-A of the OEA Act,  1951,  in  respect
of its own lands which were already vested in it  under  Section  5  of  the
Temple Act, 1955. The suit lands vest in the Temple Committee itself.  Thus,
in view of the provisions of the Temple Act, 1955,  the  settlement  of  the
suit lands in favour of the respondent Math cannot be sustained,  as  it  is
bad in law.

 

Answer to Point No. 3
In view of the findings and reasons recorded on Point Nos.1 and 2 in  favour
of the appellant Temple Committee, the impugned  judgment  and  order  dated
07.07.2009 passed in Original Jurisdiction Case No.  2421  of  2000  by  the
High Court of Orissa at Cuttack is liable to be set aside  and  accordingly,
we set aside the same.

 

Since we have categorically recorded the finding both on facts  and  in  law
while answering Point No. 1 in favour  of  the  appellant  Temple  Committee
holding that the provisions of the OEA Act, 1951 have no application to  the
lands of the Lord Jagannath Temple at Puri, there is no need for us to  pass
an order in favour of the Temple under the OEA Act, 1951 as the  suit  lands
were already vested in favour of  the  Lord  Jagannath  Temple  at  Puri  by
virtue of the provisions of the Temple Act, 1955.

 

 

 

 

 

 

For the foregoing reasons, we pass the following order :-

 

 C.A. Nos.7729 of 2009, 7730 of 2009,142 of  2010,  221  of  2010,  2981  of
2010, 3414 of 2010,3415 of 2010 and 3446 of 2010 are allowed.  The  impugned
judgment and order dated 07.07.2009 passed  in  Original  Jurisdiction  Case
No. 2421 of 2000 by the High Court  of  Orissa  at  Cuttack  is  hereby  set
aside.

 

 We strike down the first part of the proviso of Section 2(oo)  of  the  OEA
Act, 1951, which pertains to the properties  of  Lord  Jagannath  Temple  at
Puri.

 

The notification dated 18.03.1974  issued  by  the  State  Government  under
Section 3A of the OEA Act, 1951 in so far as point No.  (ii)  is  concerned,
is also quashed by this Court, to the extent, it applies to  the  lands  and
estate of Lord Jagannath Temple at Puri.

 

 We make it very clear that the striking down  of  the  first  part  of  the
proviso to Section 2(oo) of  the  OEA  Act,  1951  as  mentioned  above  and
quashing of the notification referred to supra will be prospective and  this
judgment shall not be applicable to  the  settled  claim  of  the  claimants
hitherto under the provisions of the OEA Act of 1951 in so far as the  lands
of the Lord Jagannath Temple at Puri are concerned.

 

In view of the disposal of appeals above-mentioned in favour of  the  Temple
Managing Committee, C.A. Nos. @ SLP (C) Nos. 9167-9168  of  2010  (filed  by
Sri Raghab Das Math) and C.A. No. 9627 of 2010 (filed by  Bauli  Matha)  are
hereby dismissed.

 

No costs are awarded in these proceedings.


                                                     …………………………………………………………J.
                                                           [V. GOPALA GOWDA]

                                                     …………………………………………………………J.
                                                               [C. NAGAPPAN]
New Delhi,
December 16, 2015


ITEM NO.1A-For Judgment      COURT NO.10               SECTION XIA

               S U P R E M E  C O U R T  O F  I N D I A
                       RECORD OF PROCEEDINGS

Civil Appeal  No(s).  7729/2009

SRI JAGANNATH TEMPLE MNG. COMMITTEE                Appellant(s)

                                VERSUS

SIDDHA MATH & ORS.                                 Respondent(s)


WITH

 C.A. No. 7730/2009

 C.A. No. 142/2010

 C.A. No. 221/2010

 C.A. No. 2981/2010

 C.A. No. 3414/2010

 C.A. No. 3415/2010

 C.A. No. 3446/2010

 C.A. Nos.14631-14632 of 2015 @ SLP(C) No. 9167-9168/2010

 C.A. No. 9627/2010

Date : 16/12/2015 These matters were called on for pronouncement of
JUDGMENT today.

For Appellant(s)  Mr. Swetaketu Mishra, Adv.
                        Mr. Sanjay R. Das, Adv.
                     Mr. V. K. Monga,Adv.

                     Mr. Shibashish Misra,Adv.

                     Mr. Radha Shyam Jena,Adv.


                    Mr. Vinoo Bhagat, Adv.
                     Mr. Rutwik Panda,Adv.
                        Ms. Anshu Malik, Adv.

                     Mr. A. Venayagam Balan,Adv.

For Respondent(s)       Mr. Rajiv S. Roy, Adv.
                        Mr. Pranab Kumar Mullick, Adv.
                        Mr. Avrojyoti Chatterjee, Adv.
                        Mr. Sukumar, Adv.
                        Mrs. Soma Mullick, Adv.
                        Mr. Sebat Kumar Devria, Adv.
                        Mr. Abhijit S. Roy, Adv.

                     Mr. Satya Mitra,Adv.

                     Mr. S. K. Verma,Adv.
                        Mr. Atul Kumar, Adv.

CA 7730/09, 221/10      Mr. Vinoo Bhagat, Adv.
and 3414/2010        Mr. Rutwik Panda,Adv.
                        Ms. Anshu Malik, Adv.

                     Mr. Kunal Verma,Adv.

                     Mr. Sibo Sankar Mishra,Adv.


      Hon'ble Mr. Justice V.Gopala Gowda  pronounced  the  judgment  of  the
Bench comprising His Lordship and Hon'ble Mr. Justice C. Nagappan.
      Leave granted in SLP(C) Nos. 9167-9168 of 2010.
      C.A. Nos.7729 of 2009, 7730 of 2009,142 of 2010, 221 of 2010, 2981  of
2010, 3414 of 2010,3415 of 2010 and  3446  of  2010  are  allowed  and  C.A.
Nos.14631-14632 of 2015 @ SLP(C) Nos. 9167-9168 of 2010 and C.A. No.9627  of
2010 are dismissed in terms of the Signed Reportable Judgment.


        (VINOD KUMAR)                    (MALA KUMARI SHARMA)
         COURT MASTER                        COURT MASTER
           (Signed Reportable Judgment is placed on the file)
-----------------------
[1]   1989 (1) Suppl.SCC 553
[2]    AIR 1964 SC 1501
[3]    AIR 1967 SC 256
[4]    (2005) 8 SCC 534
[5]    (2014) 4 SCC 434
[6]    (1989) 1 SCC 101
[7]    (1991) 4 SCC 139
[8]    (2001) 6 SCC 356
[9]    AIR 1966 SC 1332
[10]   AIR 1976 SC 1569
[11]   (2011) 12 SCC 695
[12]   (1978) 4 SCC 16
[13]   (2014) 8 SCC 319
[14]   AIR 1953 SC 375
[15]   AIR 1980 SC 2181
[16]   (2014) 8 SCC 319
[17]   (1961) 3 SCR 185
[18]   2012 (II) OLR 968
[19]   (1998) 8 SCC 722
[20]   AIR 1962 SC 1044

 

  

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