Sri Gauranga Mahaprabhu Bije vs Commissioner Of Endowments
2023 Latest Caselaw 2456 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No. 6543 of 2023
                               (Through hybrid mode)


            Sri Gauranga Mahaprabhu bije           ....           Petitioner
            Ramagarh

                                 Mr. Suresh Kumar Choudhury, Advocate

                                      -versus-

            Commissioner of Endowments,            ....     Opposite Parties
            Odisha and another

                                                    Mr. A.K. Sharma, AGA
                                                   Mr. A.K. Nath, Advocate


                     CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SANJAY KUMAR MISHRA
                                       ORDER

27.03.2023 Order No.

1. 1. Mr. Choudhury, learned advocate appears on behalf of

petitioner and submits, impugned is letter dated 11th November, 2022

written by Assistant Commissioner to the Land Acquisition Officer.

He submits, restrictions have been imposed regarding payment and

utilization of compensation money in respect of land belonging to

private 'Matha'. There is no dispute regarding character of the 'Matha'

being private. He hands up and relies on circular dated 21st October,

// 2 //

2003 issued to all Collectors and Special Land Acquisition Officers.

Paragraphs 3, 4 and 5 from the circular are reproduce below.

"3. However, Commissioner of Endowments, Orissa has no control over the Institutions and no authority to nominate any person to receive the compensation amount in respect of Institutions which are declared as private by the Asst. Commissioner/Addl. Asst. Commissioner of Endowments to be private as per provision of Section 41 of OHRE Act, 1951 and the said declaration has received finality.

4. It is, therefore, requested that before making payment of compensation to the persons other than authorized by the Commissioner of Endowments, Orissa due care should be taken by the L.A.O. to see that the deity property and money are declared as private as per provision of section 41 of OHRE Act, 1951 and the said declaration has received finality.

5. The above instruction should be scrupulously followed while making payment of L.A. compensation in respect of lands belonging to Hindu Religious institutions."

He then relies on judgment of the Division Bench of this Court in

H.R.E. Commissioner v. Kanak Durga reported in AIR 1958

Orissa 183, inter alia, paragraph-14 wherein it was said, petitioner

therein had succeeded in obtaining declaration that the institution as

// 3 //

private one and as such, the Orissa Act IV of 1939 has no application

to his institution and that he is not liable to pay any contribution to the

Commissioner.

2. Mr. Sharma, learned advocate, Additional Government

Advocate appears on behalf of State. Mr. Nath, learned advocate

appears on behalf of the Commissioner and submits, he will take

service. He prays for adjournment to obtain instruction.

3. We notice there has been disclosed letter dated 9th January,

1969 written by then Additional Assistant Commissioner to the

Compensation Officer. We reproduce below text of the letter.

"With reference to the subject noted above I am to say that the above institution has been declared as private and as such compensation amount may be paid to the Marfatdar Sri Gopinath Das."

4. List on 5th April, 2023.

(Arindam Sinha) Judge

(S.K. Mishra) Judge Sks