MAHANTA BAISHNAB CHARAN DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Mohanty, learned senior advocate appears on behalf of petitioner and submits, the Commissioner, in exercise of power under sec. 7 in Odisha Hindu Religious Endowments Act, 1951 had on 28/6/2021 appointed Interim Trust Board. His client and others were appointed as members of the Board. Opposite party no.5 was also named. His client along with others filed objection to inclusion of said opposite party.

(2.) The Deputy Commissioner by memo dtd. 27/7/2022 directed the concerned Inspector of Endowments to enquire and report compliance. On same date, impugned order was made saying there was no question of ousting opposite party no.5 from the Interim Trust Board. Text of impugned memo is reproduced below.

(3.) Mr. Swain, learned advocate appears on behalf of opposite party no.5 and files his power. He prays for direction upon his client to file counter. Ms. Naidu, learned advocate appears on behalf of the Deputy Commissioner and also wants direction for filing counter. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State.