Tarini Charan Sahu & Ors vs Commissioner Of Endowments
2023 Latest Caselaw 11901 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.P (C) No. 15171 of 2009

Tarini Charan Sahu & Ors.         .....                              Petitioners
                                                 Mr. S.K. Mishra, Sr. Advocate
                                        along with Ms. P.S. Mohanty, Advocate

                                  Vs.
Commissioner of Endowments,       .....                       Opposite Parties
Odisha & Ors.                                   Mr. S.N. Mohapatra, Advocate
                                                                     (O.P.3)

            CORAM:
               DR. JUSTICE B.R. SARANGI
               MR. JUSTICE MURAHARI SRI RAMAN

                                         ORDER

03.10.2023 Order No. This matter is taken up through hybrid mode.

2. Heard Mr. S.K. Mishra, learned Senior Counsel along with Ms. P.S. Mohanty, learned counsel appearing for the petitioners and Mr. S.N. Mohapatra, learned counsel appearing for opposite party no.3.

3. Mr. S.K. Mishra, learned Senior Counsel along with Ms. P.S. Mohanty, learned counsel appearing for the petitioners contended that Section-68 of the Odisha Hindu Religious Endowments Act, 1951 deals with putting trustee or Executive Officer in possession, whereas Section-25 of the said Act deals with recovery of immovable trust property unlawfully alienated. Therefore, both the Sections are two separate and distinct provisions of the Odisha Hindu Religious Endowments Act, 1951. As such, the petitioner is covered by Section-25 of the Odisha Hindu Religious Endowments Act, 1951, but not by Section-68 of the said Act. It is further contended that power is vested with this Court to consider the grievance of the petitioner. To substantiate his contentions, he has relied upon the judgment of this Court in Radha Mohan and Anr. v. Commissioner of Endowments and Anr. (O.J.C. No.801 of 1970, decided on 19.04/1973) and the judgments of the apex Court in Sakuntala Devi Jain v. Kuntal Kumari, AIR 1969 SC 575; Puran Singh v. State of Punjab, AIR 1996 SC 1092 and Commissioner of Endowments v. Vittal Rao, AIR 2005 SC 454.

4. Mr. S.N. Mohapatra, learned counsel appearing for opposite party no.3 seeks time to examine the judgments cited by learned Senior Counsel appearing for the petitioners and will file contrary judgments for adjudication of the case.

5. Put up this matter after two weeks.

(DR. B.R. SARANGI) JUDGE

Alok

(M.S. RAMAN) JUDGE

Signature Not Verified Digitally Signed Signed by: ALOK RANJAN SETHY Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 03-Oct-2023 16:07:11