Sky Line Minerals & Constructions vs Commissioner Of Endowments
2023 Latest Caselaw 12407 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P. (C) No.26493 of 2017
            Sky Line Minerals & Constructions         ....                Petitioner
            Private Limited                                         Mr.S.K.Nanda
                                                                        Advocate
                                           -versus-

            Commissioner of Endowments,               ....            Opp. Parties
            Bhubaneswar & Another                                  Miss.P.Naidu.
                                                               Advocate for O.P.1
                     CORAM:
                     MR. JUSTICE D.DASH
                     MR. JUSTICE G.SATAPATHY
                                   ORDER

11.10.2023 Order No.

04. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. The Petitioner, by filing this writ Petition, has prayed for setting aside the judgment dated 11.10.2017 passed by the learned Commissioner of Endowments, Bhubaneswar in O.A. No.137 of 2015 in the matter of a proceeding under section 19-A of the Orissa Hindu Religious Endowment Act, 1951 (for short, 'the OHRE Act').

3. Heard learned counsel for the Petitioner and learned counsel for the Opposite Party No.1.

4. Keeping in view the submissions made, the averments taken in the writ Petition and the documents annexed thereto being perused; it is seen that this Petitioner had filed an application under section 19-A of the O.H.R.E. Act for grant of No Objection Certificate for alienation of the land in question. Leaned

// 2 //

Commissioner has rejected the said application by the impugned order.

The Petitioner-Company claims to be the absolute owner of the property. Learned Commissioner of Endowments has found no document on record to have been placed from the side of the Petitioner to the effect that the lands sold covered under four registered sale deeds dated 12.3.2010, 23.7.2010, 3.11.2010 and 26.7.2010 were with prior permission of the Commissioner when the lands covered thereunder stand recorded in the name of Deity Marfat Debottar Commissioner as finds mention in Ext.1.

In view of all these, learned Commissioner of Endowments, having rejected the application under section 19-A of the OHRE Act in refusing to grant No Objection Certificate to the Petitioner for alienation of the lands in question, this Court finds no such reason/justification to interfere with the same.

The Petitioner may, if so advised, move the Competent Authority to get his absolute ownership over the property declared in a properly constituted suit/proceeding in accordance with law.

Issue urgent certified copy of this order as per rules.

                                                                            (D. Dash),
                                                                              Judge



Signature Not Verified
Digitally Signed                                                          (G.Satapathy)
Signed by: BASUDEV NAYAK
Reason: Authentication                                                       Judge
Location: ORISSA HIGH COURT
Date: 13-Oct-2023 17:08:37
       Basu