ABHIMANYU TRIPATHY Vs. STATE AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the parties. This writ petition has been filed challenging the action of the State Government in approving the formation of Non -Hereditary Trust Board in respect of Maa Tarini Thakurani, Ghatagaon, vide letter dated 20.10.2012 (Annexure -10).

(2.) THE main contention of the learned counsel for the petitioner is that pursuant to the order of this Court dated 02.01.2012, passed in W.P. (C) No. 23392 of 2011, the Addl. Asst. Commissioner of Endowments, Sambalpur -opposite party No. 3, having formulated a Scheme, as provided under Section 42(1)(a) of the OHRE Act, 1951, published in Orissa Gazette dated 20.01.2012, the formation of the Non -Hereditary Trust Board in respect of Maa Tarini Thakurani, Ghatagaon, could have been made only on the basis of the said Scheme and not otherwise. In this regard, it is stated that as clause (3) of the said Scheme provides that the Board of Trustees shall be appointed by the Addl. Asst. Commissioner of Endowments, Sambalpur, who shall hold the office for such a period not exceeding two years, the State Government had no authority to appoint or approve any such Trust Board.

(3.) LEARNED counsel appearing for the opposite party Nos. 6 to 10, on the other hand, while supporting the impugned order, submits that as the Addl. Asst. Commissioner of Endowments, Sambalpur, has constituted the Trust Board, as per the Scheme and has only sent the same to the State Government for approval, the same cannot be faulted.