BHAGABAN PRASAD DAS Vs. STATE

JUDGEMENT

(1.) An order having been passed by opposite party No. 1-State of Orissa under Sec.19(4) of the Orissa Hindu Religious Endowments Act, 1951 (shortly 'the Act') directing to hold public auction of a piece of property for the purchase of which the petitioner had made a move, he has approached this Court for issue of a writ of certiorari to quash the same.

(2.) The facts, in brief are that the petitioner is a tenant in respect of three plots of land with a house standing thereon. The house admittedly is a small one and in a bad shape consisting of one bed-room, one storeroom and a kitchen with R.C.C. roof and three other rooms which have roofs of rafters and tiles. The house is situated on plot No. 1197 / 2281 with an area of A.O. .028 decs. and plot No. 1196 which is a Bari of the house is of an area of A.O. 020 decs. The other plot No. 1198 consists of an area of A.O. 013 decs. which is a sweeper's passage and can only be used for that purpose and hence, in effect, the land purported to be sold is A.O. 048 decs. It is the petitioner's case that he having continued in the premises since long negotiated with O.P. No. 3, the owner, for purchase of the house and had paid an advance of Rs. 500/-. On 19-7-1980 the O.P. No. 3 filed an application under Sec. 19 of the Act before the Commissioner of Endowments which came to be registered as O. A. No. 132 of 1980 seeking permission to alienate the house and also some other lands. In the very application, O. P. No. 3 stated the house not to be in a good condition and requires a thorough repair involving heavy expenditure. In the application the house was valued at Rs. 25,000 /-. While the matter was pending before the Commissioner, the Inspector of Endowments having been directed submitted a report making the valuation of the house and land at Rs. 35,000 /-. The petitioner coming to know of the pending proceeding before the Commissioner filed an application before him for purchase of the house. The Commissioner made a spot visit and in his order (Annex.-4) came to the conclusion that the valuation of the house could not be less than Rs. 40,000 /but that since the petitioner was occupying the house since long as a tenant, it may be sold to him for a consideration of Rs. 35,000 /-.

(3.) The order of the Commissioner was challenged in appeal before the State by O.P. No. 3 with the petitioner as one of the respondents and in the appeal, O.P. No. 3 filed an affidavit of one Sashibhusan Panda that he was prepared to purchase the house at Rs. 50,000/ -. The appeal was disposed of on 6-5-1983 by order in Annexure-5 by the Secretary, Law Department, acting as the appellate authority, holding that the order of the Commissioner needed slight modification to the effect that the land and the house may be disposed of by public auction in presence of the Assistant Commissioner of Endowments, Bhubaneswar, and unless a price higher than Rs. 35,000/- is fetched in the public auction, the property may be sold to the petitioner at Rs. 35,000 /-. It is this order of the State which is impugned in this application.