MAHADEV ACHARYA Vs. CH GAGAN CH DAS

JUDGEMENT

(1.) This is an appeal under Section 44 of the Orissa Hindu Religious Endowments Act. 1951 (hereinafter referred to as the 'Act'), challenging the modification of the scheme in respect of the institution of Shri Nilamadhab Jew by the Deputy Commissioner, confirmed in appeal by the Commissioner of Endowments.

(2.) The institution of Shri Nila Madhab Jew is a public religious endowment. A scheme had been framed in respect of the institution in 1948. In the scheme so framed, two out of the hereditary trustees were to be represented on the Board. The scheme was modified in 1964 by the Commissioner of Endowments. A report was made by the Additional Assistant Commissioner in January, 1978 that the Board of Trustees consisting of five persons was not properly functioning and the Inspector of Endowments was continuing as the interim trustee. On the basis of the said report, the Deputy Commissioner further modified the scheme under Section 42 (6) of the Act. An appeal carried by the appellant to the Commissioner did not bear any fruit. Hence this appeal.

(3.) The only point now urged by Mr. P.N. Mohapatra, the learned counsel for the appellant, in this appeal is that the Deputy Commissioner fell into an error in providing five per cent of the annual net income of the institution for personal expenses of the hereditary trustee (see Clause 22 of the Scheme).