Sri Sri Raghunath Jew Thakur vs State Of Orissa And Others
2023 Latest Caselaw 1554 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P (C) No. 15951 of 2015

Sri Sri Raghunath Jew Thakur         .....                                     Petitioner
& Sri Sri Rasik Rai Thakur, Bije
Akatpur (Puruna Balasore) and
others
                                                                 Mr. S. Rath, Advocate
                                     Vs.
State of Orissa and others           .....                              Opposite Parties
                                                                   Mr. H.M. Dhal, AGA
              CORAM:
                 DR. JUSTICE B.R. SARANGI
                    MR. JUSTICE G. SATAPATHY

                                              ORDER

20.02.2023

Order No. This matter is taken up through hybrid mode.

6.

2. Heard Mr. S. Rath, learned counsel for the petitioner and Mr. H.M. Dhal, learned Additional Government Advocate for the State.

3. The petitioner has filed this writ petition seeking direction to the opposite parties to release the compensation amount as has been awarded under Annexure-5.

4. Mr. S. Rath, learned counsel for the petitioner contended that the deity is a private deity in whose name the property stands, which has been acquired by the opposite parties and the compensation amount though has been determined and deposited under Revenue Deposit, but the same has not yet been disbursed awaiting instruction from the Commissioner of Endowments, Odisha, Bhubaneswar which has been sought by the Land Acquisition Officer, Balasore vide letter dated 07.02.2015.

5. Mr. H.M. Dhal, learned Additional Government Advocate

referring to paragraph-10 of the counter affidavit contended that opposite party no.2 has awarded compensation to the tune of Rs.28,22,033/- in favour of the deity & Marfatdars, but the compensation amount could not be disbursed to the petitioners since the property is involved with deity and the entire amount has been deposited in form-E under Revenue deposit as per instruction of the Government. The Assistant Commissioner of Endowments, Odisha, Bhubaneswar vide letter No. 10846 dated 14.12.2012 has clearly instructed that the Marfatdars who claims the deity and its property are private property and he must furnish the judgment/order passed by the competent authority under Section 41 of the O.H.R.E. Act, 1951 and also requested not to release the land acquisition compensation amount to anybody without prior permission of the Commissioner of Endowments, Odisha.

6. Having heard learned counsel for the parties and after going through the records, since undisputedly the property has been acquired by the opposite parties and compensation has been determined and deposited under revenue deposit, the only question for consideration is as to whether is petitioner who is a private deity is entitled to get compensation amount which has been deposited with the authority. The Land Acquisition Officer has written a letter on 07.02.2015 to the Commissioner of Endowments, Odisha under the subject, clarification regarding payment of compensation amount in respect of deity property, but till date no information is forthcoming. The Commissioner of Endowments though has been made as a party in the writ petition as opposite party no.3, in spite of notice, none has also appeared on his behalf in the present case.

7. In view of the above, this Court disposes of the writ petition directing the Commissioner of Endowments to take a decision on the

letter dated 07.02.2015 of the Land Acquisition Officer, Balasore by providing necessary instruction to the authority with regard to the disbursement of the compensation pursuant to the acquisition of land. The entire exercise shall be completed within a period of three months from the date of communication of the order.

8. Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE Arun/Kishore

(G. SATAPATHY) JUDGE