SHYAMA CHARAN PRADHAN Vs. NAIKHANI THAKURANI

JUDGEMENT

(1.) Villagers of Fullabani are the appellants. Respondent No. 1 is the deity Naikhani Thakurani and respondents 2 to 5 claimed to be hereditary trustees of the deity. Respondents 2 to 5 filed an application u/S. 41 of the Orissa Hindu Religious Endowment Act, 1951 (hereinafter referred to as 'the Act') for declaration that they are the hereditary trustees of the deity. The public character of the deity is not disputed. In the claim petition it is averred that the deity was an ancient one and had self-revealed. One Sukadeb Panda, common ancestor of the applicants was appointed as hereditary Marfatdar-cum-Archak of the deity and after him his successors had been hereditary trustees in management of properties of the deity and also are rendering Sevapuja. Neither the villagers nor anybody else were ever in management of the affairs of the deity and thus constitution of a board of nonhereditary trustees was unwarranted.

(2.) The appellants, residents of the village in which the deity has been installed, got themselves impleaded in the proceeding and disputed the assertions made by the applicants. According to them one of the zamindars had endowed certain properties to the deity. The villagers were in management of the institution and its properties. The family of the applicants are only Archaks who were appointed by the villagers and therefore the applicants have no right as hereditary trustees.

(3.) The learned Additional Assistant Commissioner of Endowments rejected the application of the claimants u/S. 41 of the Act. The appeal, filed before the appellate authority was also dismissed. Miscellaneous Appeal No. 213 of 1977 was carried to this Court. This Court remanded the matter for fresh disposal in accordance with law. The learned appellate court after remand has given the following findings :