JUDGMENT : Sanju Panda, J. - In this writ application the Petitioners have challenged the action of Opp. Party No. 1-Executive Officer, Debottar, Dhenkanal in leasing out the properties belonging to the deity Sri Trutiya Dev Jew Bije Baulpurpatna towards Sanja rent for the year 1994-95. 2. The facts as narrated in this writ application are as follows: The predecessor-in-interest of the Petitioners was a Sanja tenant under the deity since 1937 by virtue of a Sanja Patta issued in his favour by the Executive Officer of Debottar Department of the Ex-Ruller of Dhenkanal & after the death of their father, they being continued as such in similar manner. The Sanja dues (rent) were also regularly paid to Opp. Party No. 1 till 1987 when dispute arose between the Petitioners & Opp. Party No. 1 regarding enhancement of Sanja dues. Therefore, the Petitioners filed OLR Case No. 1 of 1987 u/s 15 of the O.L.R. Act before the Tahasildar, Sadar Dehenkanal for determination of fair & equitable rent. During pendency of the said OLR case, Opp. Party No. 1 filed OLR Case No. 1 of 1988 u/s 15(3) of the OLR Act. Both the cases were heard together by the Additional Tahasildar, Dhenkanal & disposed of by the common Order Dated 3.5.1989. The OLR authority directed that Opp. Party No. 1 should have taken approval of the authorities at the time of enhancement of Sanja. It further directed that the Petitioners would pay the Sanja at the old prevailing rate & clear up all the dues within a period of one month & submit a clearance certificate failing which he would be forbidden to cultivate the disputed land with effect from 1.4.1989. Accordingly, the Petitioners paid Rs. 12,970 on 28.4.1990 & obtained a receipt. However, Opp. Party No. 1 though accepted the arrear rents as per the old prevailing rate, demanded higher rate by issuing notice on 5.8.1991 & also threatened the Petitioners to evict them from the cultivation of the disputed land. Opp. Party No. 1 also sent a requisition for realization of enhanced Sanja for the years 1990-1991 & 1991-1992 by way of certificate proceedings. Accordingly, Certificate Case No. 132 of 1992 was initiated against the Petitioners under the provisions of Orissa Public Demands of Recovery Act. After receiving notice of the said proceeding, the Petitioners filed their objection denying their liability to pay the certificate dues. Accordingly, Certificate Case No. 132 of 1992 was initiated against the Petitioners under the provisions of Orissa Public Demands of Recovery Act. After receiving notice of the said proceeding, the Petitioners filed their objection denying their liability to pay the certificate dues. The objection filed by the Petitioners having been rejected by the Certificate Officer, the Petitioners filed Certificate Appeal No. 7 of 1992 before the Additional District Magistrate, Dhenkanal who disposed of the appeal on 22.4.1994 & remanded the matter to the Certificate Officer for fresh trial & enquiry. 3. Being enraged by the order passed by the Additional Tahasildar in Certificate Appeal No. 7 of 1992, Opp. Party No. 1 issued a notice on 12.5.1994 to the public of Baulpurpatna village intimating that the Sanja tenancy would be leased out for the year 1994-1995. The Petitioners protested the said action of Opp. Party No. 1 for which the lease was not granted in their favour nor were the disputed lands leased out to the public as per the notice given earlier. Thereafter, without issuing a fresh notice, Opp. Party No. 1 contemplated to lease out the lands on Sanja basis to some other person & thereby evicting or dispossessing the Petitioners from cultivating the lands of the said deity on Sanja tenancy basis. 4. However, the Petitioners filed an application u/s 15(7) of the O.L.R. Act before the Tahasildar, Dhenkanal challenging the notice issued by Opp. Party No. 1 to give Sanja at an enhanced rate violating the earlier order passed by the authority in OLR Case No. 1 of 1992 to pay the Sanja at the old prevailing rate. In the said application, on 21.9.1992 the authority directed the present Opp. Party No. 1 not to interfere with the possession of the tenant till the dispute is decided. However, in utter violation of all the above directions of the authorities, when the Opp. Party No. 1 contemplated to lease out the Sanja tenancy by way of public auction & deprive the Petitioners from cultivating the land of the deity, the Petitioners challenged the overt act of Opp. Party No. 1 in this present writ application. 5. However, in utter violation of all the above directions of the authorities, when the Opp. Party No. 1 contemplated to lease out the Sanja tenancy by way of public auction & deprive the Petitioners from cultivating the land of the deity, the Petitioners challenged the overt act of Opp. Party No. 1 in this present writ application. 5. On 16.9.2010, Learned Counsel for the Petitioners filed an additional affidavit along with the certified copy of the Order Dated 16.7.1997 passed by the Sub-Collector, Dhenkanal in OLR Appeal No. 1 of 1995 which was directed against the Order Dated 22.2.1995 passed by the Tahasildar, Dhenkanal in OLR Case No. 1 of 1992. The Appellate authority held that Sanja' of the lands of the deity has been paid upto 1990-1991 & the arrear rent, if any outstanding against the Petitioners from 1991-1992 till the end of 1996-1997 shall be cleared within a period of two months after hearing the Petitioners & giving them sufficient opportunity of being heard & the Executive Officer, Debottar was forbidden to create any disturbance with the possession of the Appellants (Petitioners) in respect of the lands of the deity Sri Truitya Dev Jew Bije at Baulpurpatna. It was further held therein that in case there was any dispossession of the Appellants, the Tahasildar, Dhenkanal should see that the deity's lands are restored to the peaceful possession of the Appellants within a period of one month from the date of the receipt of that order. Though the said order was passed in the year 1997, the affidavit dated 16.9.2010 filed by the Petitioner before this Court does not reflect whether in pursuance of the said order of the Appellate authority the Petitioners have already taken possession of the lands in question. 6. Further from the order sheet dated 18.7.1995, it appears that this Court in Misc. Case No. 4092 of 1995 directed Opp. Party No. 1 to put the case land to auction for cultivation during the ensuing agricultural year & the highest bidder would be permitted to cultivate the land during the year on depositing the bid amount. The exercise was directed to be completed within four weeks from the date of the said Order. 6. The Petitioners also admitted in this writ application that they were not in possession of the disputed lands from the year 1994-1995 when the writ application was filed. 7. The exercise was directed to be completed within four weeks from the date of the said Order. 6. The Petitioners also admitted in this writ application that they were not in possession of the disputed lands from the year 1994-1995 when the writ application was filed. 7. Learned Counsel for the Petitioners submitted that since the properties belong to the deity & Petitioners are continuing as tenants on payment of Sanja & the OLR authorities have given directions in favour of the Petitioners, they are entitled to possession of the disputed land & they will pay the rent as usual. 8. Learned Counsel for the Opp. Parties submitted that since the Petitioners are not in possession of the lands, they may approach the authorities for fresh lease & taking into consideration the fact that the deity's Seva Puja are being performed from out of the rent received from its tenants of the land, the Petitioners should have accepted to pay the rent at the enhanced rate in order to maintain the Seva Puja of the deity. 9. The undisputed facts which enrage the description in the foregoing paragraphs are that the lands in question were belong to the deity & those were leased out for cultivation on yearly basis. The predecessor-in-interest of the Petitioners was & after him, the Petitioners are cultivating the said lands on payment of rent & it so appears from the order passed by the OLR authorities. 10. Therefore, considering the rival submissions of the parties & the aforesaid undisputed facts, this Court disposes of this writ application with the observation that since the Petitioners have already obtained the orders from the OLR authorities, they may approach the OLR authorities for further necessary action. However, the said authorities will consider regarding payment of rent at the higher rate taking into consideration the fact that the deity's Seva Puja are being done out of the rent received from the lands in question. With the above observation, the writ application is disposed of.