Orissa High Court
Sudarsan Dalei & Anr vs State Of Orissa And Ors on 9 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12597 of 2021
Sudarsan Dalei & Anr. .... Petitioners
Mr. Achyutananda Pattanaik,
A. Pattanaik & J. Behera,
Advs.
-versus-
State of Orissa and Ors. .... Opp. Parties.
Mr.B.P. Tripathy, AGA
(for O.Ps.1 and 3)
Miss. P. Naidu, Adv.
(for O.P.2))
CORAM:
JUSTICE S.K. MISHRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 09.08.2021
04. 1. This matter is taken up through hybrid mode.
2. Heard Mr. Achyutananda Pattanaik, learned counsel for
the Petitioners, Mr. B.P. Tripathy, learned Additional
Government Advocate for the State and Miss P. Naidu, learned
counsel for the Opposite Party No.2-Commissioner of
Endowments, Odisha, Bhubaneswar.
3. In this Writ Petition, the Petitioners have prayed to
direct the Opposite Party No.3- Sub-Registrar, Balianta,
District- Khurda to register the documents (RSD) to be
presented by them for transfer of the landed property recorded
// 2 //
in the name of Deity Sri Bhagabat Gosain Bije Nija Gruha of
Mouza- Ranpur, Tahasil- Balianta, District- Khurda.
4. Learned counsel for the Petitioners submits that the
aforesaid Deity being the private Deity, it is not necessary to
obtain "No Objection Certificate" from the Commissioner of
Endowments. He relies upon the judgment of this Court passed
in the case of Sumit Kumar Bose and Others -vrs.- State of
Orissa and Others: reported in 2012 (I) OLR 911, wherein the
Single Bench of this Court has held that "Registering Authority
cannot refuse to register for the want of 'No Objection
Certificate' ".
5. However, Miss P. Naidu, learned counsel for the
Commissioner of Endowments brings to our notice to the fact
that amendment has been made in the Orissa Hindu Religious
Endowments Act, 1951 and as similar matters had been come
to this Court, a Division Bench of this Court in a common
judgment passed in the case of Antaryami Dash and Others -
vrs.- State of Odisha and Another: reported in 2016 (II) OLR
850, has held as follows:
"8. Since we have answered the issue by holding
that there is no applicability of either Section 19 or
Section 19A of the Orissa Hindu Religious
Endowments Act, 1951 and Rule 4A of the Orissa
Hindu Religious Endowments Rules, 1959 keeping
the fact into consideration that once the land has
been endowed in favour of the family deity and have
been recorded in the records of right, the title is
shifted from the title holder in favour of the deity,
hence, the land once endowed in favour of the family
deity, it cannot be transferred in the name of the third
party, meaning thereby there is complete embargo in
transfer of the land once endowed by the forefathers
// 3 //
in favour of the family deity, but simultaneously we
are also conscious of the fact that if the immovable
property donated for the purpose of worshiping of
the family deity and if at the time of urgency it will
not be transferred, the whole purpose of donating
immovable property by way of endowment would
frustrate. Although in the Act, 1951 or Rules, 1959
no provision has been made conferring power of
Endowment Commissioner to protect the property of
the family deity, but we thought it proper to
authorize the Endowment Commission concern to
look after the property of the family deity, hence the
deity desirous to transfer immovable property of the
family deity will have to make application before the
Endowment Commissioner showing the reason of the
disposal of the property in the name of third party for
worshiping the deity, shall also to furnish before the
Endowment Commissioner showing reason and if the
Endowment Commissioner is satisfied that the
purpose for disposal of the property is to worship
deity and if it will not be disposed of, worship will be
hampered, he will take into consideration regarding
availability of other alternative means for worshiping
the deity. If alternative means is available, he shall
deny permission and if alternative means are not
available, he shall grant permission for disposal of
the immovable property. The deity shall have to
furnish permission from the Endowment
Commissioner to be enclosed along with the
application to be submitted before the Registering
Authority and it is only thereafter the Registering
Authority will transfer the immovable property in the
name of third party.
We thought it proper to direct the Secretary of
the Revenue and Disaster Management being the
controlling authority of registration, to issue
instruction making it necessary to submit the Record-
of-Rights along with the application which is to be
filed by the applicant for registration of the land in
question (if not already issued) and to be circulated
widely for knowing public in general. The
Registering Authority will verify from the Record-
of-Rights the nature of the land by calling upon
report from the concerned Tahasildar.
// 4 //
This observation is made in the peculiar facts
and circumstances of the case and in order to protect
immovable property of the family deity and
sentiment upon which the immovable property has
been endowed by the forefathers in favour of family
deity and also keeping the fact into consideration that
the immovable property may not be squandered in
any manner by the legal heirs.
Xx xx xx"
6. Since in the aforesaid judgment, this Court has
categorically held that it is necessary to obtain 'No Objection
Certificate' from the Commissioner of Endowments for sale of
properties belonging to the private Deity, nothing more is to be
decided in this Writ Petition.
7. Hence, this Writ Petition is dismissed being devoid of
merit.
8. Urgent certified copy of this order be granted on proper
application.
( S. K.Mishra)
Judge
( Savitri Ratho )
Judge
BJ
