(Through Hybrid Mode) vs State Of Odisha & Others
2022 Latest Caselaw 6862 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No.30028 of 2022
                                (Through hybrid mode)
                 Sarbang Das Goswami                    ....           Petitioner

                                                        Mr. P.K. Rath, Advocate

                                             -versus-
                 State of Odisha & others               ....     Opposite Parties

                                                            Mr. A.K. Sharma,
                                              Additional Government Advocate

                                                  Mr. A.K. Nath, Advocate
                                         (For Commissioner of Endowments)

                    CORAM:

                    JUSTICE ARINDAM SINHA
                    JUSTICE SANJAY KUMAR MISHRA
                                          ORDER

Order No.                                24.11.2022

    01.     1.      Mr. Rath, learned advocate appears on behalf of petitioner

and submits, impugned is, inter alia, order dated 30th September, 2022 passed by the Commissioner under section 7 in Odisha Hindu Religious Endowments Act, 1951. At the outset, he relies on judgment dated 31st March, 1999 of a Division Bench of this Court in Jasobanti Thakurani Vs. Commissioner of Endowments, Orissa, reported in AIR 1999 Ori 175. He draws attention to paragraph-9 in print taken from 1999 SCC online Ori

21. He submits, view taken was that the Commissioner in making such an order ought to have given opportunity of hearing to persons interested. This was not done.

// 2 //

2. He submits further, those who have been appointed to constitute interim trust board are persons, who are at conflict with the institution. He relies on section 7 for the qualifications imposed on powers of the Commissioner.

3. Mr. Nath, learned advocate appears on behalf of the Commissioner and seeks service. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State. Mr. Rath hands over copy to Mr. Nath.

4. Contentions of petitioner require adjudication in law. Parties are to get ready.

5. Issue notice along with this order on private opposite party nos.4 to 8 by registered/speed post with A.D. Petitioner will put in requisites.

6. List on 15th December, 2022.

7. Impugned order referred to above does not reveal opportunity of hearing given. Hence, it will remain stayed till next date.

                                                   (Arindam Sinha)
                                                        Judge



P.Pradhan                                           (S.K. Mishra)
                                                        Judge