SARBANG DAS GOSWAMI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Rath, learned advocate appears on behalf of petitioner and submits, impugned is, inter alia, order dtd. 30/9/2022 passed by the Commissioner under sec. 7 in Odisha Hindu Religious Endowments Act, 1951. At the outset, he relies on judgment dtd. 31/3/1999 of a Division Bench of this Court in Jasobanti Thakurani Vs. Commissioner of Endowments, Orissa, reported in AIR 1999 Ori 175. He draws attention to paragraph-9 in print taken from 1999 SCC online Ori 21. He submits, view taken was that the Commissioner in making such an order ought to have given opportunity of hearing to persons interested. This was not done.

(2.) He submits further, those who have been appointed to constitute interim trust board are persons, who are at conflict with the institution. He relies on sec. 7 for the qualifications imposed on powers of the Commissioner.

(3.) Mr. Nath, learned advocate appears on behalf of the Commissioner and seeks service. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State. Mr. Rath hands over copy to Mr. Nath.