High CourtsDivision Bench(2022) 11 OHC CK 0204

Kashi Prasad Modi And Others vs Commissioner Of Endowments, Odisha And Others

Orissa High Court · Decided on 24 November 2022

HON’BLE JUDGES
Arindam Sinha, J · S.K. Mishra, J
CASE NUMBER
Writ Petition (C) No. 29293 Of 2022

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Judgment

7 paragraphs · 233 words
1.

Mr. Choudhury, learned advocate appears on behalf of petitioners and submits, impugned is order dated 26th August, 2022 made by the Commissioner in O.A. no.2 of 2006. Though, impugned order purports to proceed in compliance of order dated 19th October, 2016 in W.P.(C) no.19245 of 2016 but, in fact, his clients were not heard.

2.

Ms. Naidu, learned advocate appears on behalf of the Commissioner and Mr. Sharma, learned advocate, Additional Government Advocate, on behalf of State.

3.

We find disclosed as annexure-4, order dated 8th October, 2010 made in O.A. no.2 of 2006, under section 25 of Orissa Hindu Religious Endowments Act, 1951. However, the writ petition does not disclose aforesaid writ petition in W.P.(C) no.19245 of 2010 or W.P.(C) no.31180 of 2011, disposed of by said order dated 19th October, 2016.

4.

Petitioners will file additional affidavit disclosing above two writ petitions. Purpose is to find out whether by implication, said order dated 19th October, 2016 had set aside and quashed order dated 8th October, 2010 made in said O.A. no.2 of 2006. The affidavit will be accepted on adjourned date upon advance copy served.

5.

List on 13th December, 2022. Status quo be maintained till next date.

6.

Mr. Choudhury prays for issuance of certified copy on urgent basis. It will be supplied on requisition duly put in. Furthermore, the order will be available in the official website.

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