Orissa High Court
Rabindra Mohapatra & Others vs State Of Odisha & Others .... Opposite ... on 13 September, 2023
Bench: K.R. Mohapatra, R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 27935 of 2023
Rabindra Mohapatra & Others .... Petitioners
Mr. Manmaya Kumar Dash,
Advocate
-Versus-
State of Odisha & Others .... Opposite Parties
Mr. Sarojananda Mishra, Advocate for Caveator
Mr. D. K. Mohanty, ASC
Mr. A.K. Nath, Advocate for
the Commissioner of the Endowments
CORAM:
MR. JUSTICE K.R. MOHAPATRA
MR. JUSTICE R.K. PATTANAIK Order ORDER No. 13.09.2023
02. 1. Pursuant to the minutes of the Hon'ble the Chief Justice at Flag-Y, the matter is listed before this Bench.
2. The Petitioners have filed this writ petition assailing the order dated 15th July, 2023 under Annexure-10 appointing an Non-Hereditary Trust Board in respect of the religious institution, namely, Sri Gandharbanath Mahadev bije at Chitreswara, Daulatabad, Choudwar, Cuttack (for brevity 'the Deity'). Vide order under Annexure-11 dated 10th August, 2023, the Additional Assistant Commissioner of Endowment, Cuttack approved appointment of Sri Ramakant Behera- Opposite Party No.6, as Managing Trustee of NHT Board of the Deity..
Page 1 of 33. Serious allegations have been made by the Petitioners with regard to non-compliance of Section 27 of the Orissa Hindu Religious Endowments Act, 1951 (for brevity 'the Act') before submitting proposal for constitution of NHT Board of the Deity. It also prima facie appears from Annexure-1, the Record of Right that family of the Petitioners are the Marfatdars of the Deity. But while submitting proposal, learned Assistant Additional Endowments Commissioner recorded that Inspector of Endowments informed that there was no Hereditary Trustee of the Deity of the religious institution. No material is also available on record for prima facie satisfaction that procedure provided under Section 27 of Act was followed for appointment of a NHT Board.
4. In view of the above, the record concerning constitution of the NHT Board is required to be perused.
5. Mr. Nath, learned counsel appearing for the Commissioner of the Endowments submits that he requires seven days' time for production of concerned record.
6. Put up this matter on 5th October, 2023, on which date, Mr. Nath shall produce the concerned record before this Court for perusal.
(K.R. Mohapatra) Judge (R.K. Pattanaik) Judge Page 2 of 3 I.A. No. 13381 of 2023
03. 1. Mr. Mishra, learned counsel appearing for Opposite Party Nos. 5 to 13 (NHT Board) submits that the Petitioners are alienating the property without complying the provision under Section 19 of the Act. It is also submitted that the Petitioners- Marfatdars have been suspended by the Commissioner of Endowments and an interim Trust Board was appointed.
2. Mr. Mishra, however, submits that the Opposite Party Nos. 5 to 13 will file a detailed counter affidavit in the meantime.
3. In view of the above, this Court feels that orders under Annexures-10 and 11 should be kept in abeyance till the next date and accordingly, it is so directed. It is further directed that no 3rd Party interest shall be created in respect of the properties of the Deity by any of the parties in the meantime.
(K.R. Mohapatra) Judge (R.K. Pattanaik) Judge Balaram Signature Not Verified Digitally Signed Signed by: BALARAM BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 15-Sep-2023 10:03:24 Page 3 of 3