Bansidhar Rana vs Commissioner Of Endowment
2023 Latest Caselaw 5066 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No. 12953 of 2023


            Bansidhar Rana                          ....            Petitioner

                                     Mr. Manmaya Kumar Dash, Advocate

                                       -versus-

            Commissioner of Endowment,              ....     Opposite Parties
            Odisha and others

                                                    Mr. A.K. Nath, Advocate



                      CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SANJAY KUMAR MISHRA
                                        ORDER

03.05.2023 Order No.

1. 1. Mr. Dash, learned advocate appears on behalf of petitioner and

submits, his client has good claim to be hereditary trusty of the deity

institution. Impugned is judgment dated 26th February, 2018, by which

his claim has been rejected. In the contested case, opposite parties

therein had admitted that his client's ancestors were hereditary trustees

and declared so under the old law. In the circumstances, there be

interference.

// 2 //

2. Mr. Nath, learned advocate appears on behalf of the

Commissioner.

3. On perusal of impugned judgment it appears, prima facie,

opposite parties though had admitted lineage of petitioner as from

hereditary trustees but alleged that he had come up with his claim after

gap of 65 years.

4. We require the Commissioner to inform us regarding existence

of Trust Board, regarding administration of the institution under the

scheme, for this alleged period of 65 years and up to date.

5. List on 17th May, 2023.

(Arindam Sinha) Judge

SISIR KUMAR Digitally signed by SISIR KUMAR SETHI Date: 2023.05.03 14:55:16 +05'30' (S.K. Mishra) SETHI Judge Sks