Sankarsan Senapati vs Sri Sri Banabehari Deb
2023 Latest Caselaw 10393 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.15021 of 2022

            Sankarsan Senapati                        ....          Petitioner

                                             Mr. A.C. Mohapatra, Advocate
                                         -versus-

            Sri Sri Banabehari Deb, Bije              ....   Opposite Parties
            Saleibedpur-1 and others

                                     Mr. A.K. Sharma, Addl. Govt. Advocate
                                               Mr. B.P. Mohanty, Advocate

                    CORAM:
                                   JUSTICE ARINDAM SINHA
                                   JUSTICE SANJAY KUMAR MISHRA
                                          ORDER

30.08.2023 Order No.

03. 1. Mr. Mohapara, learned advocate appears on behalf of petitioner

and submits, impugned is judgment dated 28th February, 2022 made

under section 25 in Odisha Hindu Religious Endowments Act, 1951.

His clients have purchased three plots, in respect of which the

judgment was made. However, his clients have been advised that they

should avail remedy by approaching the civil Court for declaration of

their titles to the plots.

2. Mr. Mohanty, learned advocate appears on behalf of the deity

and submits, the writ petition is to be dismissed on merits.

// 2 //

3. Mr. Sharma, learned advocate, Additional Government

Advocate appears on behalf of State.

4. Petitioners want to find remedy in the civil Court. Hence, they

do not want to prosecute the writ petition.

5. In view of aforesaid, the writ petition is dismissed. The

dismissal will not prevent petitioners from approaching the civil Court

with their cause of action, if any.

(Arindam Sinha) Judge

(S.K. Mishra) Judge Jyoti

Signature Not Verified Digitally Signed Signed by: JYOTIPRAVA BHOL Reason: Authentication Location: HIGH COURT OF ORISSA Date: 31-Aug-2023 10:58:22