Mangua Senapati vs Secy. Law Deptt.
2022 Latest Caselaw 2458 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             WP(C) NO.8119 OF 2022

        Mangua Senapati                          ....               Petitioner

                                                      Mr.B.P.Mohanty, Adv.
                                      -versus-
        Secy. Law Deptt., BBSR & ors.            ....       Opposite Party(s)

                                                      Mr.R.P.Mahapatra,AGA
                                                      Mr.A.K.Nath, Adv.

                  CORAM:
                  JUSTICE BISWANATH RATH

                                     ORDER

Order                                6.5.2022
No.
  3.    1.      Heard learned counsel for the Parties.

2. This Court by order dated 4.5.2022 directed as follows :-

1. "Heard the submissions of learned counsel appearing for the parties.

2. Counsel appearing for the Endowment Commissioner expresses his inability to bring information on the working out of the direction of this Court dated 19.03.2009 in Government Appeal No.4 of 1991 in giving a clear direction therein, this Court while dismissing the Government Appeal directed prosecution to hand over seized ornaments i.e., M.Os. I, II and III of the Satyabadi Gopinath temple at Sakhigopal and the disposal of those properties be made accordingly. This Court finds strange in the response of the opposite parties in their failing to ensure the direction of this Court passed in March 2009. In the process to ensure safety of the ornaments involved herein as the allegation for non- handing over of such properties in spite of a disposal of Government Appeal has come to this Court after twelve years in spite of nearly four weeks passed in the meantime, this Court directs the Secretary of the Commissioner Endowment to appear in this Court on 06.05.2022 and to answer the Court on the compliance of the direction of this

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Court in Government Appeal No. 4 of 1991. This Court also clarifies, in the event an affidavit is filed on 06.05.2022 indicating the compliance of the order dated 19.03.2009 in Government Appeal No. 4 of 1991 is filed, there may not be any necessity for personal appearance of the Secretary of the Endowment Commissioner.

3. Place this matter on 06.05.2022."

3. There is serious allegation of non-handing over gold ornaments in spite of a clear direction of this Court involving the judgment in Government Appeal No.4 of 1991 delivered on 19.3.2009. There is even no attending to the request by the Assistant Endowment Commissioner involving an application may be filed on 2.3.2022, vide Annexure-A/2. There appears, the Assistant Commissioner of Endowment in the meantime, vide Annexure-B/2 directed the Executive Officer to enquire into the contents of the complain and submit report.

4. Keeping in view the development through Annexure-B/2, place this matter on 18.5.2022.

5. In the meantime, the State Authority is also directed to file an affidavit indicating the effect and/or outcome on the direction of this Court in disposal of Government Appeal No.4 of 1991 by the next date.

6. A free copy of this order be supplied to Mr.Mahapatra, learned Additional Government Advocate and Mr.A.K.Nath, learned counsel for the Endowment.

(Biswanath Rath) Judge

M.K.Rout