PRAFULLA CHANDRA PADHI Vs. COMMISSIONER OF ENDOWMENT

JUDGEMENT

(1.) Mr. Mishra, learned advocate appears on behalf of petitioner and submits, impugned is order dtd. 23/9/2022 made by Court of the Commissioner, whereby his client's petition dtd. 16/4/2022 was rejected. He submits, the petition was for intervention in O.A. no.100 of 2020 (Sri Radhakrushna Mahaprabhu Bije and Smt. Prasanti Padhi and others), wherein one branch of Marfatdars had claimed nomination as hereditary trusties. His client represents another branch.

(2.) Ms. Naidu, learned advocate appears on behalf of the Commissioner and submits, sec. 74 in Odisha Hindu Religious Endowments Act, 1951 provides only for certain powers of a civil Court to the Commissioner. Hence, there should not be interference.

(3.) We accept submission made by Ms. Naidu. Petitioner may file separate cause within two weeks from date. We direct the Commissioner's Court that in event, petitioner files separate Original Application (OA) within the time directed, it be tagged with OA no.100 of 2020 and dealt with analogously.