Jada Someswar Rao vs State Of Odisha And Others
2023 Latest Caselaw 10279 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            WP(C) No.26312 of 2023


            Jada Someswar Rao                       ....           Petitioner

                                    Mr. Manmaya Kumar Dash, Advocate

                                         -Versus-
            State of Odisha and others              ....    Opposite Parties

                                   Mr. A. K. Nanda, Addl. Govt. Advocate
                                                 Ms. P. Naidu, Advocate

                   CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SANJAY KUMAR MISHRA

                                      ORDER

29.08.2023 Order No.

01. 1. Mr. Dash, learned advocate appears on behalf of petitioner and submits, his client is the trustee. There was auction sale of the deity's property, permission for which was granted on 25th March, 2008. On 6th December, 2008 the Principal Secretary to Government, Law Department made order directing case land be sold by public auction fixing upset price at Rs.3 lakhs per acre in favour of highest bidder. He submits, there was auction held after obtaining several extensions of time, on 21st April, 2023. Sale deed was presented for registration on 26th April, 2023 and by impugned order dated 22nd May, 2023, the Registrar refused to register the document saying, inter alia, intention of the Government

to not purchase was not given in form AB as provided in rule 4B in Odisha Hindu Religious Endowments Rules, 1959. Mr. Dash relies on judgment dated 6th September, 2021 of the Supreme Court in Civil Appeal no.5815 of 2009 (Assistant Excise Commissioner, Kottayam v. Esthappan Cherian), paragraphs 14, 15 and 20 (Indian Kanoon print).

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

3. We appoint Mr. B. S. Tripathy, learned advocate as Amicus Curiae. We request Amicus Curiae to give us judgment of the Supreme Court declaring the law on effect of amendment to pending proceedings.

4. List on 21st September, 2023.

(Arindam Sinha) Judge

(S. K. Mishra) Judge

RKS

Signature Not Verified Digitally Signed Signed by: RANJAN KUMAR SETHI Designation: Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 29-Aug-2023 19:22:55