Shree Benugopal Swamy vs Principal Secy.
2023 Latest Caselaw 2074 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.P.(C) No.34970 of 2022
                                (Through Hybrid mode)

            Shree Benugopal Swamy                    ....               Petitioner

                                                   Mr. S. S. Mohapatra. Advocate
                                          -versus-
            Principal Secy., to Govt. of Odisha,     ....         Opposite Parties
            BBSR and another
                                                          Mr. A. K. Sharma, AGA

                                                          Ms. P. Naidu, Advocate

            CORAM:
            JUSTICE ARINDAM SINHA
            JUSTICE SANJAY KUMAR MISHRA
                                     ORDER

Order No.                           10.03.2023

   01.      1.      Mr. Mohapatra, learned advocate appears on behalf of

petitioner and submits, his client had applied for permission under

section 19-A in Odisha Hindu Religious Endowments Act, 1951, to

be issued in prescribed form. By impugned judgment dated 15th

September, 2018 conditions were imposed in granting the

permission. He submits, the provision does not provide for

imposition of conditions.

2. Mr. Sharma, learned advocate, Additional Government

Advocate appears on behalf of State. Ms. Naidu, learned advocate

appears on behalf of the Commissioner and submits in fairness, the

// 2 //

provision does not mention imposition of conditions.

3. Imposition of conditions by impugned judgment is set aside

and quashed. Petitioner is entitled to and will get permission under

the prescribed Form AA. The permission is to be issued to petitioner

within two weeks of communication.

4. The writ petition is disposed of.

( Arindam Sinha ) Judge

( S. K. Mishra ) Judge Prasant