Cuttack: Orissa High Court has ruled that marfatdars (caretakers) cannot take the plea of ownership of properties of Lord Jagannath of Puri temple as they are only caretakers and deity the owner.

The court said the question of bequeaths of the ownership of properties "does not arise" as Lord Jagannath is always the owner of his properties either through marfatdars or through the temple administration as a "perpetual minor".

The court gave the ruling while considering a marfatdar's claims of ownership over 123 acres of Lord Jagannath's land. The marfatdar was the mahanta of the Bada Akhada Mutt in Puri.

The court felt the claim was a "very unnatural phenomenon" as the mutt has no relationship with the property except using the same on behalf of the deity for religious purposes and distributing the bhog offered to the deity among the devotees.

Since it was not physically possible to possess all the properties personally and manage the same effectively, the marfatdars were looking after the property for and on behalf of the Lord Jagannath as per the practice.

"From the avowed objects of the Shree Jagannath Temple Act, it appears that the Act has a special identity for all human beings. Lord Shri Jagannath mahaprabhu is universal and the law pertaining to him and his property has separate space in all norms," the division bench of Justice S.K. Mishra and Justice D.P. Choudhury observed in its July 2 verdict.

"When we are sitting in the temple of justice, we are not emotional," the bench further observed.

"But at the same time, we are with the sentiment of the public to safeguard and protect the properties of Lord Shri Jagannath mahaprabhu, who is the perpetual minor," it added.