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High CourtsDivision Bench(2023) 02 OHC CK 0158

Manoranjan Mohanty vs State Of Odisha And Others

Orissa High Court · Decided on 23 February 2023

HON’BLE JUDGES
Arindam Sinha, J · S. K. Mishra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.30031 Of 2022
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Judgment

9 paragraphs · 320 words
1.

Mr. Mishra, learned advocate appears on behalf of petitioner and draws attention to our earlier order dated 16th February, 2023. He submits, on recording his submissions the hearing was adjourned for the Commissioner to be heard on adjourned date.

2.

Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State.

3.

Mr. Nath, learned advocate appears and submits, Inspector of Endowment, Cuttack has been made opposite party no.4. The proper authority is the Assistant Additional Endowment Commissioner, Cuttack. Said office will look into the grievances of petitioner within four weeks from date.

4.

On Mr. Mishra’s reiteration of his client’s grievances, we reproduce below paragraph 1 from our said order dated 16th February, 2023.

“1. Mr. Mishra, learned advocate appears on behalf of petitioner and submits, the deity has been declared as public. Proceeding under section 25 in Odisha Hindu Religious Endowments Act, 1951 culminated in direction for evicting legal heirs of Bishnu Charan Mishra, since deceased pujari of the deity. The District Inspector of Endowments (DIE) was appointed receiver way back in year, 1987. There is immediate necessity for forming trust board. Till then there be direction upon the Commissioner to appoint the Tahsildar as interim trustee to look after affairs of the deity. He reiterates the legal heirs must be evicted forthwith.”

Mr. Mishra submits further, there is also mismanagement of the affairs of the deity by heirs of the pujari, who has been evicted. The heirs are opposite party nos.6 to 14.

5.

The proper authority being the Assistant Additional Endowment Commissioner, Cuttack will take steps to address grievances of petitioner as recorded in above extracted paragraph 1 of order dated 16th February, 2023 as well as regarding mismanagement of the affairs of the deity, as alleged by petitioner to be done by opposite party nos.6 to 14, within four weeks from date.

6.

With above directions, the writ petition is disposed of.

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