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Orissa High Court
Tofan Bhoi vs Collector on 6 April, 2026
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: SENIOR STENOGRAPHER
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Apr-2026 12:11:37
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 24163 OF 2025
Tofan Bhoi .... Petitioner
Mr. Suryasnath Mohapatra, Advocate
-versus-
Collector, Puri and others .... Opp. Parties
Mr. Bibekananda Nayak,
Additional Government Advocate
(For Opp. Party No.1)
Mr. Lalit Kumar Maharana, Advocate
(For Commissioner of Endowments)
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 06.04.2026
5. 1. This matter is taken up through hybrid mode.
2. Pursuant to the direction of this Court dated 10th March,
2026, Mr. Dibya Jyoti Parida, the Collector and District
Magistrate, Puri is present in Court.
2.1. He begged for unconditional apology for not imparting
instruction to the office of the Advocate General in spite of
repeated directions of this Court. He also submitted that
disciplinary proceedings have been initiated against the Officer(s),
for not responding to the communications from the office of the
Advocate General to assist the Court for adjudication of the writ
petition.
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack
Date: 07-Apr-2026 12:11:37
3. Accepting the unconditional apology tendered by
Mr. Parida, the Collector and District Magistrate, Puri, his
personal appearance is dispensed with.
4. This writ petition has been filed alleging inaction on the
part of the Collector and District Magistrate, Puri in complying
with the requisitions made by learned Commissioner of
Endowments, Odisha, Bhubaneswar dated 18th July, 2011 and 4th
February, 2025 pursuant to the order passed in O.A. No.51 of
2007 in a proceeding under Section 25 of the Odisha Hindu
Religious Endowments Act, 1951 (for brevity 'the OHRE Act').
5. Mr. Mohapatra, learned counsel submits that the
Petitioner is a Hindu public of Village Salajanga. A proceeding
under Section 25 of the OHRE Act in O.A. No.51 of 2007 was
initiated by the then Managing Trustee of the Deity, namely,
Shree Saleswar Deb, Bije Salajanga in the district of Puri.
Considering the grievance of the then Managing Trustee of the
Deity, learned Commissioner of Endowments, vide order dated
18th July, 2011, directed eviction of the unauthorized occupants,
namely, Opposite Party Nos.3 and 4. A requisition was also made
to the Collector and District Magistrate, Puri pursuant to the said
order. But, it was not given effect to.
5.1. Due to inaction on the part of the Collector and District
Magistrate, Puri in implementing the order passed in O.A. No.51
of 2007, the Petitioner approached this Court in W.P.(C) No.5210
of 2024, which was disposed of vide order dated 4th April, 2024,
with a liberty to the Petitioner to approach learned Commissioner
of Endowments for redressal of his grievance in seeking
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack
Date: 07-Apr-2026 12:11:37
appropriate relief. Accordingly, the Petitioner filed an application
before learned Commissioner of Endowments to issue fresh
requisition to the Collector and District Magistrate, Puri for
delivery of possession of the land of the Deity.
5.2. Considering the said application, learned Commissioner of
Endowments vide his Order No.1118/J.E.C. dated 4th February,
2025 (Annexure-5), issued a fresh requisition to the Collector,
Puri for implementation of the order passed in O.A. No.51 of
2007. In spite of the issuance of fresh requisition, the Collector,
Puri did not take any action on the same, for which this writ
petition has been filed.
6. This Court, upon hearing learned counsel for the parties
vide order dated 24th December, 2025, directed learned State
Counsel, to take instruction from the Collector and District
Magistrate, Puri with regard to the steps taken pursuant to the
requisition made by learned Commissioner of Endowments on 4th
February, 2025. In spite of repeated directions, the Collector, Puri
did not impart any instruction to the office of the Advocate
General, for which this Court, vide order dated 10th March, 2026
directed personal appearance of the Collector, Puri.
7. In course of hearing, Mr. Mohapatra, learned counsel for
the Petitioner submits that in the meantime, the Collector and
District Magistrate, Puri took steps pursuant to the requisition
dated 4th February, 2025 (Annexure-5) and issued note of delivery
of possession. He, therefore, submits that no further order is
required to be passed in this case.
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack
Date: 07-Apr-2026 12:11:37
8. Since the relief sought for in this writ petition has already
been granted, no further order is required to be passed in this writ
petition.
9. Hence, the writ petition is disposed of as infructuous.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
ms Judge
