Orissa High Court
Bimalanandan Mohapatra And Others vs State Of Orissa And Others .... Opp. ... on 31 January, 2025
Bench: B. P. Routray, Murahari Sri Raman
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 31-Jan-2025 15:38:11
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.33333 of 2024
Bimalanandan Mohapatra and others .... Petitioners
Mr. Manmaya Kumar Dash, Advocate
-versus-
State of Orissa and others .... Opp. Parties
Mr. Debaraj Mohanty, AGA
Mr. Amit Kumar Nath, Advocate for
Endowment Commissioner
Mr. Upendra Kumar Samal, Advocate
for Intervener
CORAM:
JUSTICE B. P. ROUTRAY
JUSTICE MURAHARI SRI RAMAN
ORDER
31.01.2025 Order No.
02. 1. Heard Mr. Dash, learned counsel for the Petitioners as well as Mr. Mohanty, learned Additional Government Advocate for the State and Mr. Nath, learned counsel for the Endowment Commissioner and Mr. Samal, learned counsel, who intervene for Trust.
2. The Petitioners approach this Court with a prayer to consider their representation made under Annexure-5.
3. In course of hearing, it comes to our notice that this Court in its earlier order dated 08.08.2024 passed in W.P.(C) No.17431 of Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 31-Jan-2025 15:38:11 2023, while deciding the challenge on constitution of interim trust board, has observed as follows:-
"3. Keeping in view the earlier order dated 10.10.2023 whereby the review application had been allowed only for inquiry as to the indexation of the institution in the year 1998, as we travelled through the relevant file placed from the Office of the Commissioner of Endowments through the counsel; we find therein the order that the institution be indexed.
The file also contains a letter dated 04.03.1998 sent by Sri Rama Charita Manas Mandali, Unit-1, Bhubaneswar, represented by its then then Secretary and other Office Bearers making a request for indexing with further request for sanctioning Rs.2.00 lakhs for completion of incomplete construction work of the temple. The said letter available in the file of the Endowment Commissioner is placed herein below:-
Xx .. xx ...... xx .. .. .. xx .. ..
It is also borne out from the file that after the direction for indexation of the institution, a sum of Rs.20,000/- was sanctioned in favour of the institution vide Government Order dated 06.02.2001, finding the institution to be a public institution.
4. In the light of the above noted facts and circumstances; the prayer of the present Petitioner for interference with the order of the learned Commissioner of Endowments in exercise of the power conferred under section 7 of the Orissa Hindu Religious Endowments Act, 1951 is untenable and ex-facie misconceived.
Xx .. .. .. xx .. .. xx .. .."
Page 2 of 3 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: AuthenticationLocation: High Court of Orissa, Cuttack Date: 31-Jan-2025 15:38:11
4. After the order passed by this Court, the Petitioners made their representation on 02.12.2024 under Annexure-5. Accordingly, without expressing any opinion on the merits of the contention of the Petitioners, we dispose of the writ petition with a direction to the Asst Commissioner of Endowments, Bhubaneswar-Opposite Party No.3 to consider the grievance of the Petitioners as per their representation under Annexure-5, in accordance with law, within a period of two months from the date of receipt of the certified copy of this order along with copy of this writ petition. If necessary, opportunity of hearing may be granted to respective parties.
(B.P. Routray) Judge (M.S. Raman) Judge Laxmikant Page 3 of 3