Shree Shree Raghunath Jew vs Principal Secy.
2023 Latest Caselaw 647 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.P.(C) No.34974 of 2022
                                (Through Hybrid mode)

            Shree Shree Raghunath Jew                  ....                Petitioner
            Mahaprabhu, Mayurbhanj
                                                            Mr. B. Bhuyan, Advocate

                                            -versus-

            Principal Secy., to Govt. of Odisha        ....          Opposite Parties
            and another
                                                             Ms. P. Naidu, Advocate

            CORAM:
            JUSTICE ARINDAM SINHA
            JUSTICE SANJAY KUMAR MISHRA
                                        ORDER

Order No.                              19.01.2023

  02.       1.      Mr. Bhuyan, learned advocate appears on behalf of petitioner

and draws attention to order dated 21st December, 2022. We

reproduce below paragraphs 1 and 2 from said order.

"1. Mr. Mohapatra, learned advocate appears on behalf of petitioner and submits, land of the deity was sold upon obtaining permission. There was direction to keep 60% in savings bank account and utilize 40% for repair and renovation of the temple. Total consideration received was Rs.9,60,000/-.

// 2 //

2. He submits, repair and renovation of the temple requires withdrawal of the 60% deposit, if further land of the deity is to be prevented from being sold. On query from Court he submits, the application made, resulting in impugned order dated 6th September, 2022 has not been annexed."

2. Ms. Naidu, learned advocate appears on behalf of the

Commissioner and submits, impugned orders were made before view

taken by this Court on several judgments on no power to impose

conditions in respect permission to sell land of private deity. The view

holds good. Since, the Commissioner does not have power of review,

appropriate order be passed.

3. Impugned orders are set aside and quashed. Petitioner will

approach the Commissioner afresh for issuance of 'No Objection'

certificate.

4. The writ petition is disposed of.

( Arindam Sinha ) Judge

( S. K. Mishra ) Judge Prasant