Nalini Mohapatra And Others vs Sri Sri Lord Lingaraj Mohaprabhu .... ...
2025 Latest Caselaw 7783 Ori

Orissa High Court

Nalini Mohapatra And Others vs Sri Sri Lord Lingaraj Mohaprabhu .... ... on 2 September, 2025

Bench: K.R. Mohapatra, Savitri Ratho

Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 03-Sep-2025 18:15:00

                                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    W.P.(C). NO.17167 OF 2019

                                   Nalini Mohapatra and others                ....       Petitioners
                                                              Mr. Amit Prasad Bose, Advocate
                                                            -versus-
                                   Sri Sri Lord Lingaraj Mohaprabhu        ....    Opp. Parties
                                   Bije, Bhubaneswar and another
                                                                   Mr. Suvendu Kar, Advocate
                                                                         (For Opp. Party No.1)
                                                                Ms. Pratyusha Naidu, Advocate
                                                           (For Commissioner of Endowments)

                                             CORAM:
                                             JUSTICE K.R. MOHAPATRA
                                             JUSTICE SAVITRI RATHO
                                                      ORDER

           Order No.                                02.09.2025
               09.            1.       This matter is taken up through hybrid mode.

2. Petitioner in this writ petition seeks to assail the judgment dated 25th May, 2019 (Annexure-1) passed by learned Commissioner of Endowments, Odisha, Bhubaneswar in OA No.126 of 1999 initiated under Section 25 of the Odisha Hindu Religious Endowments Act, 1951.

3. Mr. Bose, learned counsel for the Petitioner, at the outset, submits that from the counter affidavit, he could come to know that predecessors of the Petitioners had filed two other writ petitions on the self-same cause of action. Since it was not informed to learned counsel for the Petitioner, certificate to that effect could not be given in the writ petition. He further submits that a suit (TS No.452 of 2000) is pending in the Court of learned 2nd Additional Civil Judge, (Senior Division), Bhubaneswar relating to the self-same property. Hence, he submits that interest of justice will be best

Designation: JUNIOR STENOGRAPHER

Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Sep-2025 18:15:00

served, if the Petitioner pursues the remedy before learned Civil Court. As such, he prays for withdrawal of the writ petition.

4. Mr. Kar, learned counsel for the Opposite Party No.1 and Ms. Naidu, learned counsel for Commissioner of Endowments, Odisha, Bhubaneswar do not have any objection to the same.

5. In view of the above, the writ petition is disposed of as withdrawn.

6. The Title Suit, being of the year 2000, steps shall be taken for early disposal of the same without being influenced by the instant order.

                                                                (K.R. Mohapatra)
                                                                      Judge


                                                                 (Savitri Ratho)
             Rojalin                                                 Judge