LAWS(ORI)-2023-4-126

RAMA CHANDRA MOHANTY Vs. COMMISSIONER OF ENDOWMENT

Decided On April 20, 2023
Rama Chandra Mohanty Appellant
V/S
COMMISSIONER OF ENDOWMENT Respondents

JUDGEMENT

(1.) Mr. Dalai, learned advocate appears on behalf of petitioner and submits, impugned is order dtd. 19/5/2015 passed by the Commissioner rejecting his client's application for appointment of Divisional Inspector of Endowments (DIE) as Special Trustee on holding that his client had no locus standi. He submits, his client is in possession of land, settlement of which he is seeking. The Mahant is resisting his client's claim. His client, therefore, applied for the DIE to be appointed as Special Trustee, to look into his client's claim for settlement of the land.

(2.) We by our orders dated 14th and 29/3/2023 gave time to petitioner for producing the application made under Sec. 7 in Orissa Hindu Religious Endowments Act, 1951. Mr. Dalai submits, his client could not trace the application but has applied for certified copy.

(3.) Mr. Nath, learned advocate appears on behalf of the Commissioner and submits, the application is also not in the file. He submits further, subsequent events have been that there was succession by other persons as board of trustees. In the circumstances, no order be made in the writ application.