JAYARAM DASH JEE MAHARAJ AND AFTER HIM MAHANTA PREMANANDA DAS JEE Vs. COMMISSIONER OF ENDOWMENT, ORISSA

JUDGEMENT

(1.) Mahanta Sri Jayaram Dash Jee Maharaj, the head of Balagandi Chhata Math, Puri filed this writ application. During the pendency of this writ application Mahanta Sri Jayaram Dash died on May 31, 1998 and has been substituted by Premananda Das Jee, who claims to have succeeded Mahanta Jayaram Dash as Maharaj, Balagandi Chhata Math.

(2.) IT has been claimed in the writ application that Balagandi Chhata Math, Puri (hereinafter referred to as the disputed Math) is an independent private Religious Math. The disputed Math is headed by a Maharaj who accepts a chela during his life time and selects the said chela as his successor to the position of head of the Math. Mahanta Sri Jayaram Dash during his life time selected one Rama Chandra Das as his chela and successor as Maharaj. In 1956 Mahanta Sri Jayaram Dash executed a power of attorney in favour of said Rama Chandra Das. Subsequently, on May 18, 1990 Sri Jayaram Dash again executed a registered power of attorney in favour of said Rama Chandra Das. In that power of attorney dated May 18, 1990 the execution of previous power of attorney has been mentioned. Sri Jayaram Dash as head of the disputed Math sold some of the Lands of the Math to different persons and the consideration received from the purchasers have been kept in fixed deposits in the name of his constituted attorney Rama Chandra Das in the United Puri -Nimapara Central Co -operative Bank (hereinafter referred to as the Co -operative Bank). Unfortunately, Rama Chandra Das died on April 20, 1995. After death of the said constituted attorney Rama Chandra Das, Mahanta Sri Jayaram Dash became entitled to receive the amounts lying deposited in the Co -operative Bank in fixed deposits. Sri Jayaram Dash filed a petition under Section 372 of the Indian Succession Act before the Civil Judge, Puri for obtaining a Succession Certificate to withdraw the amounts lying deposited in the Co -operative Bank in the name of Rama Chandra Das. After completion of necessary enquiry the Civil Judge, Senior Division, Puri by his order dated September 19, 1995 issued a Succession Certificate in favour of the said Sri Jayaram Dash to withdraw the amounts lying in fixed deposit in the Co -operative Bank. The Succession Certificate was issued on December 5, 1995 upon payment of required stamp duty. When Sri Jayaram Dash went to withdraw the amount on the strength of the Succession Certificate the Branch Manager of the Co -operative Bank declined to allow him to withdraw any amount as the Commissioner of Endowments by his letter No. 7011 dated March 26, 1996 prohibited withdrawal of any amount from the fixed deposits in the name of Rama Chandra Das. In view of the said order passed by the Endowment Commissioner, the Bank did not allow Sri Jayaram Dash to withdraw any amount. As the Co -operative Bank withheld payment, Sri Jayaram Dash filed this writ petition praying for directing the Co -operative Bank to allow the writ petitioner to withdraw the amounts as mentioned in the Succession Certificate.

(3.) THE Commissioner of Endowments has passed the impugned order on the basis that the disputed Math is a Branch of Sri Torani Chhatta Math, Puri which is a public religious endowment and is under the administrative Control of the Commissioner for Religious Endowments. The Commissioner directed the Co -operative Bank not to allow any withdrawal of the fixed deposits that the money lying in fixed deposits in the name of Rama Chandra Das belonged to the Torani Math, a Public Religious Math. It appears that Rama Chandra Das was at the material point of time was the Head of the Torani Math.