KISHORE CH. SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) ORDER dated 25.09.2012 passed by the Additional Assistant Commissioner of Endowments, Cuttack constituting non -hereditary trust board in respect of Sri Jugal Kishore Jew at Badhei Sahi, Buxibazar, Cuttack has been assailed by the petitioners in both the writ petitions. The said order has been annexed as Annexure -4 in W.P.(C) No.20079 of 2012. Additionally the petitioner in W.P.(C) No.20079 of 2012 has also challenged the consequential order no.1625 dated 06.10.2012 of the Additional Assistant Commissioner of Endowments, Cuttack (Annexure -5) directing the petitioner -Damodar Sahoo to handover charge of movable and immovable properties of the religious institution to the non - hereditary trustees appointed by order under Annexure -4. Petitioner no.2 in W.P.(C) No.20079 of 2012 presently is the person -in -management of the religious institution in question, whereas the petitioners in W.P.(C) No.4675 of 2013 are some successors of the recorded marfatdars of the institution including the son of petitioner no.2 in W.P.(C) No.20079 of 2012.

(2.) ADMITTEDLY , the properties of the deity, Jugal Kishore Thakur stands recorded in the name of the deity under the marfatdarship of several persons of Mansinghpatna, Seikh Bazar, Ranihat, Cantonment Road, Kukuriapada etc. of Cuttack Town vide R.O.R. under Annexure -1 series in W.P.(C) No.20079 of 2012. It is also the undisputed position that previously a proceeding under Section 64 of the Old Orissa Hindu Religious Endowments Act,1939 bearing O.A. No.30 -C of 1945 -46 was initiated by one Jugal Kishore Sahoo, one of the recorded marfatdars of the Institution wherein the Commissioner of Endowments passed order on 13.11.1945 declaring the institution as a 'temple' within the meaning of sub -section (13) of Section 6 of the Orissa Hindu Religious Endowments Act,1939 (in short the Rs.1939' Act) in which the entire 'Teli' community of Cuttack is interested. This order has been annexed as Anenxure -6 to W.P.(C) No.4675 of 2013 as well as Annexure -A to the counter affidavit of opposite party nos.3 to 19. It is also an admitted position that subsequent to formation of the impugned non -hereditary trust board for the institution, petitioner no.2 in W.P.(C) No.20079 of 2012 has initiated a proceeding under Section 41 of the OHRE Act,1951 with prayer to declare the institution as 'Math' with hereditary trustee, which is still pending.

(3.) CHALLENGE to the impugned constitution of non -hereditary trust board of the institution by the Additional Assistant Commissioner of Endowments, Cuttack has been made on the grounds that there has been no due publication of notice as required under Section 27 of the OHRE Act,1951 and that the Additional Assistant Commissioner of Endowments, Cuttack has not been satisfied, nor there was material before him for his satisfaction that there is no hereditary trustee of the religious institution.