LAWS(ORI)-2023-3-78

BASANTI BEHERA Vs. STATE OF ODISHA

Decided On March 20, 2023
Basanti Behera Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) Mr. Deo, learned advocate appears on behalf of petitioners and submits, the land was purchased by her husband, since deceased. At the time of purchase there was no necessity for obtaining permission in prescribed form under inserted by amendment Sec. 19-A in Odisha Hindu Religious Endowments Act, 1951. There was dispute between the wife and husband. It led to a suit filed and compromise decree, whereby the land was conveyed to the wife. The wife then wanting to sell the land had approached the Commission, for permission.

(2.) It appears from impugned judgment that inter alia, entry in the record was relied upon to refuse to permit the sale. The entry shows the land belonging to the deity marfat the widow.

(3.) Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and Ms. Naidu, learned advocate appears on behalf of the Commissioner.