[Cites 1, Cited by 0]
Orissa High Court
Rabi Narayan Mandal vs The Tahasildar on 25 March, 2026
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.8596 OF 2026
Rabi Narayan Mandal .... Petitioner
Mr. Amiya Kumar Mishra, Advocate
-versus-
The Tahasildar, Nischintakoili and .... Opp. Parties
Others
Mr. Siba Narayan Biswal,
Additional Standing Counsel
Mr. Bipin Kumar Nayak, Advocate
(for Commissioner of Endowments)
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 25.03.2026
02. 1. This matter is taken up through hybrid mode.
2. Mr. Bipin Kumar Nayak, learned counsel entered
appearance on behalf of Opposite Party Nos.16 to 18 by filing
Vakalatnama in Court today, which is taken on record.
3. Grievance of the Petitioner, in this writ petition, is with
regard to the order No.3259 dated 13th March, 2026 (Annexure-19)
issued by the Commissioner of Endowments, Odisha, Bhubaneswar
in appointing an Interim Trust Board of Shree Raghunath Jew bije
Kentalo, P.O. Asureswar under Nischintakoili Tahasil in the district
of Cuttack (for brevity 'the Deity').
4. The Petitioner, more particularly, raises grievance with
regard to inclusion of name of Sri Prakash Chandra Sahoo (Opposite
Party No.6) and Sri Kishore Kumar Routray (Opposite Party No.15)
as the members of the Interim Trust Board.
4.1. It is submitted by Mr. Mishra, learned counsel for the
Petitioner that there are several allegations against Sri Prakash
Chandra Sahoo (Opposite Party No.16) for non-submission of
accounts of the Deity especially the money collected for Sri Ram
Navami Yatra. He drew attention of this Court to the information
obtained under the Right to Information Act, 2005 (for brevity, 'the
Act, 2005) on 14th November, 2025 under Annexure-6. It is stated
that the erstwhile Managing Trustee, namely, Prakash Chandra
Sahoo, who was in-charge of the Deity during period from 2017-18
to 2024-225 had not submitted the income and expenditure
statement through budget proposal as a result of which it was not
possible on the part of the Office of the Additional Assistant
Commissioner of Endowments, Cuttack to provide required
information as sought for. He also drew attention to the information
received under the Act, 2005 stating the irregularities committed by
Sri Prakash Chandra Sahoo (Opposite Party No.6) in the capacity of
Managing Trustee.
4.2. It is further submitted that the Inspector of Endowments,
Jagatsinghpur submitted his report No.289 dated 7th July, 2025
(Annexure-10) to the Additional Assistant Commissioner of
Endowments, Cuttack stating as under:-
"As regards to allegations made regarding non-
reflecting a sum of Rupees Twenty Lakhs in the
cash book of the institution, which was collected
for the purpose of Ramanavami Yatra. In this
context upon enquiry and on being asked to the
M.T., he told that although the said amount has not
been taken in the cash book but the amount
collected for the said purpose has been made
properly with maintaining separate Register. I also
verified the same and found that no such amount
has been spent improperly. To ascertain the
genuineness of income and expenditure steps may
kindly be taken for conduct of audit."
In that regard, the Petitioner being a person having interest
also made a prayer before the Commissioner of Endowments to take
necessary action.
4.3. Mr. Mishra, learned counsel for the Petitioner also drew
attention to Annexure-21 filed along with the affidavit 23rd March,
2026 whereby said Prakash Chandra Sahoo styling himself as the
Managing Trustee of the Deity, distributed invitation card for the
ensuing Ramanavami Yatra in spite of the order dated 13th March,
2026 under Annexure-19 appointing Tahasildar, Nischintakoili as
the Interim Managing Trustee of the Deity. The said invitation card
stated to have been distributed with effect from 21st March, 2026.
He further submits that there are several other allegations of
mismanagement against Sri Prakash Chandra Sahoo (Opposite Party
No.16). Hence, he should be restrained from managing the ensuing
Ramanavami Yatra scheduled to commence from 27th March, 2026.
5. Mr. Nayak, learned counsel for the Commissioner of
Endowments submits that he has no instruction as to whether
Commissioner of Endowments had taken any step pursuant to the
application submitted by the Petitioner on 20th March, 2026 to direct
the Inspector of Endowments, Jagatsinghpur (in-charge), Cuttack to
handover the institution to the Tahasildar, Nischintakoili for smooth
conduct of the ensuing Ramanavami festival. He, however, submits
that there is no illegality in the order under Annexure-19.
6. Mr. Biswal, learned Additional Standing Counsel places on
record the written instruction imparted by the Tahasildar,
Nischintakoili vide letter No. 1189 dated 24th March, 2026. The
relevant portion of the written instruction is reproduced herein
below:-
"I. That in pursuance of Order No.3259 dated
13.03.2026 issued by the Commissioner of
Endowments, Odisha, Bhubaneswar the undersigned
has been appointed as the Interim Managing Trustee
of Shree Raghunath Jew Temple, Kentalo, along with
14 others members including the BDO, Nischintakoili
and the IIC, Nischintakoili Police Station. It is
submitted that subsequent to the aforesaid order, the
undersigned has formally assumed charge from the
Ex-Managing Trustee, Sri Prakash Chandra Sahoo
in accordance with due procedure.
II. That Sri Ram Navami, being the
principal festival of the deity, is scheduled to
commence from 27.03.2026 (Friday). Considering the
significance of the festival and the large congregation
of devotees, the period immediately following the
assumption of charge is highly sensitive and requires
careful administrative handling to ensure smooth
conduct of rituals and maintenance of law and order.
III. That immediately after assumption of
charge, a preparatory meeting was convened on
17.03.2026 with all stakeholders for the smooth and
orderly conduct of Sri Ram Navami and Danda Yatra,
and necessary arrangements have been initiated
accordingly. The copy of the Letter No.1038 dt.
17.03.2026 is enclosed as Annexure-A."
8. He, therefore, submits that pursuant to order dated 13th
March, 2026 (Anneuxre-19), the Tahasildar, Nischintakoili has
already taken over the charge of the institution and will conduct
Sri Ram Navami Yatra of the Deity in active cooperation of rest 14
members of the Interim Trust Board. Thus, he submits that the
apprehension of the Petitioner is baseless.
9. Taking note of the submission made by learned counsel for
the parties, this Court feels that the matter requires consideration,
more particularly, with regard to inclusion of the name of Opposite
Party No.6) in the Interim Trust Board.
10. Hence, issue notice to the Opposite Parties along with the
affidavit dated 23rd March, 2026 filed by the Petitioner.
11. Since Mr. Biswal, learned Additional Standing Counsel
accepts notice on behalf of the Opposite Party Nos.1,2 and 3, no
requisites need be filed for issuance of notice to them.
12. Mr. Bipin Kumar Nayak, learned counsel accepts notice on
behalf of Opposite Party Nos.16, 17 and 18. Hence, no notice need
be issued to them. Two extra copies of the writ petition shall be
served on Mr. Nayak, learned counsel appearing for Opposite Party
Nos.16 to 18 to take instruction in the matter and file counter
affidavit.
13. Requisites for issuance of notice to Opposite Party Nos.4 to
15 by Speed Post with A.D. shall be filed by 30th March, 2026.
14. Put up this matter on 20th May, 2026 along with tracking
report of the Postal Department.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
03. 1. Issue notice as above. Accept one set of process fee.
2. In the facts and circumstances stated above, more
particularly, taking into consideration that there are materials on
record prima facie suggesting mismanagement of Sri Prakash
Chandra Sahoo in the capacity of erstwhile Managing Trustee of
the Deity Shree Raghunath Jew bije Kentalo, P.O. Asureswar under
Nischintakoili Tahasil in the district of Cuttack, he is restrained to
take part in managing the affairs of the ensuing Sri Ram Navami
Yatra of the Deity scheduled to commence from 27th March, 2026.
2.1. The Tahasildar, Nischintakoili with the aid and cooperation
of the Inspector of Endowments, Jagatsinghpur and other members
of the Interim Trust Board (except Sri Prakash Chandra Sahoo-
Oppsoite Party No.6) shall smoothly conduct the ensuing Sri Ram
Navami Yatra of the Deity. The Opposite Parties may file their
objection to the I.A. within a period of two weeks hence serving
copy thereof on learned counsel for the Petitioner and rest of the
Opposite Parties.
3. Issue urgent certified copy of this order on proper
application.
(K.R. Mohapatra)
Judge
Digitally Signed (S.K. Mishra)
Signed by: HIMANSU SEKHAR DASH
Reason: Authentication Judge
Location: OHC
Himansu
Date: 26-Mar-2026 12:58:27
