Orissa High Court
**** vs Commissioner Of Endowments on 13 November, 2024
Bench: K.R. Mohapatra, V. Narasingh
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 14-Nov-2024 14:48:18
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 19201 of 2024
(An application under Articles 226 and 227 of the
Constitution of India)
****
Sri Bagbat Gosain Bije Nijgruhal, .... Petitioner
Kendrapara
-versus-
Commissioner of Endowments, Odisha .... Opp. Parties
and another
Advocates appeared:
For Petitioner : Mr. Ambika Prasad Ray, Advocate
For Opp. Parties : Mr. Amit Kumar Nath, Advocate
(For Commissioner-Endowments)
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE V. NARASINGH
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Heard and disposed of on 13.11.2024
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JUDGMENT
By the Bench
1. This matter is taken up through hybrid mode.
2. Order dated 29th January, 2024 passed in OA No.287 of
2018 (Annexure-6) is under challenge in this writ petition,
whereby learned Commissioner of Endowments, Odisha,
Bhubaneswar dismissed an application filed by the Petitioners
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 14-Nov-2024 14:48:18
under Section 19-A of the Odisha Hindu Religious Endowments
Act, 1951 (for short, 'the Act').
3. Mr. Ray, learned counsel for the Petitioner submits that
Deity-Sri Bagabat Gosain is installed in the residence of the
Petitioner. Father of the Petitioner had endowed certain property
to the Deity, which is recorded in its name in the ROR under
Annexure-1. As Bijestali of the Deity is in dilapidated condition,
the Petitioner contemplated to construct a new room for shifting
of the Deity. Due to paucity of funds and that the land proposed
to be alienated does not yield any income, an application was
filed under Section 19-A of the Act for grant of No Objection
Certificate (NOC) for alienation of the land under Annexure-1
and to use the sale proceeds for construction of the room for the
Deity as well as to keep some amount in fixed deposit in a
nationalized bank in the name of the Deity.
3.1 The Inspector of Endowments, Jagatsinghpur (in-
charge), Kendrapara submitted its report vide letter No.36 dated
25th May, 2019 indicating that the Deity is installed in the
residence of the Petitioner and the public have no access to the
Deity. Seva Puja of the Deity is being performed by the
Petitioner. It is also stated that father of the Petitioner had
endowed the land proposed to be sold in the name of the Deity.
The Inspector of Endowments also made enquiry in the locality
with regard to the nature of the Deity and reported it to be a
private one. It is reported that the land in question does not yield
any income. But without considering the said report, learned
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 14-Nov-2024 14:48:18
Commissioner dismissed the application under Section 19-A of
the Act on certain flimsy ground. True it is that the Petitioner
had not filed his legal heir certificate, as the same was not
available with the Petitioner at the relevant time. But that does
not make any difference as the status of the Petitioner is not
under challenge. The Inspector has also given his report
accepting the Petitioner to be the son of the Marfatdar of the
recorded tenant. These material aspects were not taken into
consideration by learned Commissioner while adjudicating the
matter. Hence, he prays for setting aside of the order under
Annexure-6 and to direct him to issue direction issue NOC for
alienation of the land in question.
4. Mr. Nath, learned counsel of the Commissioner of
Endowments supporting the impugned order submits that there
are some defects in the petition under Section 19-A of the Act,
as pointed out by learned Commissioner. Without rectifying the
same, the Petitioner has moved this Court assailing the order
under Annexure-6. It is his submission that if the Petitioner by
rectifying the defects, as pointed out by learned Commissioner,
files a fresh application under Section 19-A of the Act, the same
shall be considered in accordance with law.
5. Upon hearing learned counsel for the parties and on
perusal of record, it is apparent that learned Commissioner of
Endowments has not taken into consideration the report of the
Inspector of Endowments at Annexure-3 while adjudicating the
petition under Section 19-A of the Act. Rule-4 (a) of the Odisha
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 14-Nov-2024 14:48:18
Hindu Religious Endowments Rules, 1959 mandates that learned
Commissioner should take into consideration the materials on
record including the enquiry report of the Inspector while
adjudicating the petition under Section 19-A of the Act. Since
the same has not been complied with, the impugned order is not
sustainable.
6. Accordingly, the impugned order under Annexure-6 is
set aside and the matter is remitted to learned Commissioner of
Endowments, Odisha, Bhubaneswar for adjudication of OA
No.287 of 2018 (under Section 19-A of the Act) in accordance
with law afresh, providing opportunity of hearing to the parties
concerned including the Petitioner. The parties to the proceeding
may adduce further evidence/material in support of their
respective cases.
7. With the aforesaid observation and direction, the writ
petition is allowed.
8. As the proceeding was initiated in the year 2018, learned
Commissioner of Endowments shall take necessary steps so that
the petition under Section 19-A of the Act is disposed of at an
early date.
(K.R. Mohapatra)
Judge
(V.Narasingha)
Judge
Orissa High Court, Cuttack,
Dated the 13th November, 2024/s.s.satapathy
