Sri Laxmi Nrusingha Mahapravu vs State Of Odisha And Others
2023 Latest Caselaw 10439 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No.9511 of 2021

            Sri Laxmi Nrusingha Mahapravu,          ....          Petitioners
            Berhampur and others

                                           Mr. Satyabadi Mantry, Advocate
                                         -versus-

            State of Odisha and others              ....    Opposite Parties

                                 Mr. A.K. Sharma, Addl. Govt. Advocate
                              Ms. D. Mohapatra, Advocate (for O.P. no.3)
                                Mr. R. Mahalik, Advocate (for O.P. no.4)
                    CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SANJAY KUMAR MISHRA
                                       ORDER

30.08.2023

Order No.

12. 1. Mr. Mantry, learned advocate appears on behalf of petitioners,

who are interested in the deity and have filed the writ petition also in

its name. He submits, impugned is appellate order dated 1st March,

2019, whereby judgment dated 8th February, 2018 was set aside and

direction made for sale of the property. He submits, in paragraph 7 of

the judgment several reasons were given for rejecting the application

for permission to sell. Those reasons include absence of cogent

evidence to show lack of funds and also omission to perform

'Sebapuja'. Furthermore, identity of the deity was also questioned by

// 2 //

the judgment. On top of that, the judgment also points out there was

earlier sale and the proceeds unaccounted for. All these and other

points in the judgment have not been dealt with by impugned appellate

order. There is no basis of evidence. There be interference.

2. Mr. Sharma, learned advocate, Additional Government

Advocate appears on behalf of State and Ms. Mohapatra, learned

advocate for opposite party no.3 (Trustee). On addition of the

purchaser, he is represented by Mr. Mahalik.

3. List for hearing and disposal on 15th September, 2023.

(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