(Through Hybrid Mode) vs Secretary
2023 Latest Caselaw 6050 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             RVWPET No.55 of 2023
                              (Through Hybrid mode)
            Biswanth Jena and others          ....                       Petitioners

                                                 Mr. Subir Palit, Senior Advocate
                                                      Mr. Arnav Dash, Advocate

                                          -versus-
            Secretary, Law Department,               ....           Opposite Parties
            Government of Odisha, Lok Sewa
            Bhavan, Bhubaneswar and others
                                                           Mr. A. K. Sharma, AGA

                                                           Ms. P. Naidu, Advocate

                                                          Mr. A. P. Bose, Advocate

            CORAM:
            JUSTICE ARINDAM SINHA
            JUSTICE M. S. SAHOO


                                     ORDER

15.05.2023

Order No.

03. 1. Mr. Palit, learned senior advocate appears on behalf of review

applicants. He submits, his clients have good ground for review or

modification of judgment dated 20th January, 2023. Drawing attention

to the judgment he submits, it was one thing for this Court to quash

subsequent letter dated 10th March, 2022, issued by the Government,

superseding the Trust Board appointed by order dated 3rd March, 2022

// 2 //

but another to restore said appointed Trust Board. He submits, if there

was irregularity in his clients being approved by the Government for

being appointed, similar irregularity existed and exists in respect of

those appointed under said earlier order dated 3rd March, 2022.

2. Mr. Bose, learned advocate appears on behalf of writ

petitioners. He has not been called upon to answer as also Mr.

Sharma, learned advocate, Additional Government Advocate

appearing for State and Ms. Naidu, learned advocate for the

Commissioner.

3. On pain of repetition this Court notes that letter dated 20th

January, 2022 issued by the Government was in reference to Assistant

Commissioner's letter dated 17th June, 2020, being the proposal. By

said letter, the Government approved the proposal and accordingly

there was appointment order dated 3rd March, 2022. The appointment

was for period of two years, made under section 27 in Odisha Hindu

Religious Endowments Act, 1951. Subsequent thereto, the

Government, by since set aside and quashed letter dated 10th March,

2022, sought to supersede its earlier approval. The set aside and

quashed letter does not bear reference to any fresh proposal but, the

one on which the Government had already acted by its aforesaid letter

dated 20th January, 2022. As things stand, the Government modified

// 3 //

its own stand and not the proposal of the Assistant Commissioner.

This was impermissible under section 27.

4. We do not find any ground of review. The application is

dismissed.

( Arindam Sinha ) Judge

( M. S. Sahoo ) Judge Prasant

Digitally signed by PRASANT PRASANT KUMAR SAHOO KUMAR SAHOO Date: 2023.05.15 19:13:42 +05'30'