(1.) These appeals arise from the judgment dated 8th April, 2009 passed by the Division Bench of Orissa High Court directing the Commissioner Endowments to put the subject land in question by fixing the upset price afresh and sell the property by public auction with the liberty to the parties to participate and if the highest bid goes less than Rs. 25 lakhs per acre, respondent nos. 4 & 5(appellants in the writ appeals) shall be responsible to purchase the property @ Rs. 25 lakhs per acre and in the event of non-deposit, the District Authority shall recover the said amount as a land revenue.
(2.) The brief facts culled out and relevant for the purpose are that the fit person, namely, Sunaram Sabat on behalf of the deity Sri Rama Laxman Sita Swamy Bije at P.O. Luchapada, District Ganjam filed an application under Section 19 of the Orissa Hindu Religious Endowments Act, 1951(hereinafter being referred to as the "Act, 1951") seeking permission for sale of Ac. 4.255 decimals of land belong to the deity indicated in the application and referred to by the Commissioner Endowments, Orissa, Bhubaneshwar in its order dated 22nd February, 2005.
(3.) It was pleaded that the subject land in reference to which the permission is being sought was managed by him and is recorded in the name of the deity under Sections 6 and 7 of the Act, 1951 and it is lying barren and no income is being derived by the institution and is in possession of the appellant (K. Arjun Das, s/o K. Pitabas Das) for a long time and the income derived from it is very scanty. According to him, the market value of the subject land may be about Rs. 2 lakhs per acre and in case it is sold, the sale proceeds may be kept in fixed deposit account and it will fetch more than the present income and, therefore, requested that the proposed sale is, therefore necessary and beneficial in the interest of the deity.