Sri Sana Radhagobinda Mohaprabhu vs State Of Odisha And Others .... Opp. ...
2025 Latest Caselaw 2332 Ori

Orissa High Court

Sri Sana Radhagobinda Mohaprabhu vs State Of Odisha And Others .... Opp. ... on 10 January, 2025

Bench: K.R. Mohapatra, M.S. Raman

Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 13-Jan-2025 13:08:55



                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                               W.P.(C). NO.32485 OF 2024
                                     Sri Sana Radhagobinda Mohaprabhu       ....       Petitioner
                                     Bije, Paralakhemundi
                                                           Mr. Prasanna Kumar Mishra, Advocate
                                                               -versus-
                                     State of Odisha and others             ....    Opp. Parties
                                                                          Mr. Pradeep Kumar Sahoo,
                                                                         Additional Standing Counsel

                                                                     Ms. Pratyusha Naidu, Advocate
                                                                (For Commissioner of Endowments)

                                                CORAM:
                                                JUSTICE K.R. MOHAPATRA
                                                JUSTICE M.S. RAMAN

                                                             ORDER

             Order No.                                      10.01.2025
                02.          1.           This matter is taken up through hybrid mode.

2. The grievance of the Petitioner in this writ petition is that the Petitioner has been recognized as the Hereditary Trustee in respect of the religious institution Sri Sana Radhakanta Math, Karan Sahi, Paralakhemundi in the district of Gajapati vide judgment dated 23rd March, 2023 (Annexure-1) passed by learned Commissioner of Endowments, Odisha, Bhubaneswar in OA No.129 of 2017 filed under Section 30 of the Odisha Hindu Religious Endowments Act, 1951 (For brevity 'the Act'). Ignoring the same, learned Additional Assistant Commissioner of Endowments, Berhampur, Odisha appointed a Non-Hereditary Trust Board vide its order dated 31st August, 2024 (Annexure-2).

3. Ms. Naidu, learned counsel for Commissioner of Endowments, Odisha, Bhubaneswar, on instruction, submits that

Designation: JUNIOR STENOGRAPHER

Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Jan-2025 13:08:55

the Petitioner was recognized as Hereditary Trustee in respect of the religious institution Sri Radhakanta Math, at Karan Sahi, Paralakhemundi in the district of Gajapati. But, the N.H.T. Board has been appointed in respect of the religious institution Sri Radhagobinda Mohaprabhu Bije at Karan Street, Paralakhemundi, in the District of Gajapati. Both the religious institutions are distinct and separate. Hence, the Petitioner does not have any cause of action in filing this writ petition.

4. Mr. Mishra, learned counsel for the Petitioner prays for an adjournment to take instruction on the same.

5. Put up this matter on 11th February, 2025.

6. Instruction, if any, shall be obtained in the meantime positively.

(K.R. Mohapatra) Judge

(M.S. Raman) Judge Rojalin