TAMALA DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) The writ petition was moved on 30/11/2022. On behalf of petitioner it was submitted that she wants to deal with property purchased by her under a registered conveyance dtd. 12/8/1992. As such, she applied for 'No Objection' certificate under sec. 19-A in Odisha Hindu Religious Endowments Act, 1951. Inserted by amendment rule 4A in Odisha Hindu Religious Endowments Rules, 1959 lays down procedure for application for issuance of 'No Objection' certificate. It requires issuance of public notice. It was submitted, in spite of not receiving any objection to the public notice issued, the Commissioner passed impugned judgment dtd. 20/7/2018 rejecting the application for 'No Objection' certificate under sec. 19-A. Furthermore enquiry report was also in favour of petitioner.

(2.) Mr. Dash, learned advocate appears on behalf of petitioner, while Mr. Sharma, learned advocate, Additional Government Advocate for State and Ms. Naidu, learned advocate for Commissioner of Endowments.

(3.) On said earlier occasion Ms. Naidu had pointed out from paragraph 6 of impugned judgment that her client found case schedule land stood recorded in name of deity Sri Dadhibaban Dev, bije 'Nijagaon', indicating public deity. In the circumstances, enquiry report was disbelieved and the judgment duly made. She had submitted further,sec. 19-A was inserted by amendment in year 1989 and applied thereafter. There should not be interference. Mr. Dash in reply had relied on view taken by a learned Single Judge of this Court in Sumit v. State, reported in 2012 (I) OLR - 922. He had submitted, rule 4A was inserted by amendment in year 2012, pursuant to the view.