UMESH CHANDRA MISHRA Vs. MAYADHAR LENKA

JUDGEMENT

(1.) Order dated 09.07.2013 passed by the Additional Assistant Commissioner of Endowments, Cuttack constituting non-hereditary trust board in respect of Sri Geleswar Mahadev & Sri Geleswari Thakurani Bije, Gelpur, Bhadrak under Annexure-8 and order dated 08.07.2013 passed by the Commissioner of Endowments, Orissa, Bhubaneswar under Annexure-9 approving the resolution dated 25.04.2013 of the interim trust board with regard to election of interim managing trustee, have been challenged in the present writ petition.

(2.) It is the case of the petitioners that Sri Geleswar Mahadev & Geleswari Thakurani are family deities of the petitioners' family and the petitioners are the hereditary trustees. The deities were established by the forefathers of the petitioners on their private land since time immemorial. One Harihar Mishra is the common ancestor of the present petitioners. Admittedly in 1928 settlement ROR all the properties were recorded in the name of the deities as per Annexures-1 and 2 series under the marfatdarship of Harihar Mishra. It is stated that at the instance of some of the villagers, who were inimically disposed towards petitioners' family, the Divisional Inspector of Endowments, Baripada submitted false report dated 11.03.2012 suggesting for constitution of non-hereditary trust board under Section 27 of the Orissa Hindu Religious Endowments Act and until such constitution, interim trust board under Section 7 of the Act be appointed. The Endowment Authorities without making any enquiry have passed order for constitution of interim trust board as well as regular non-hereditary trust board under Section 27 of the Orissa Hindu Religious Endowments Act with the arbitrary approval of the Government and without issuing any notice to the majority of the family members of the petitioners except one or two, who have joined hands with inimical persons, even though the deities in question are the private deities of the petitioners' family and the petitioners are the hereditary trustees. It is stated that the notices issued by the Additional Assistant Commissioner of Endowments on 28.06.2012 (Annexure-16) were not served on the petitioners and elder members of the family of the petitioners except one or two members of the petitioners' family.

(3.) A counter affidavit has been filed jointly by opposite party Nos. 1 to 9 contending that the deities in question are not the private deities of the petitioners' family nor the petitioners are the hereditary trustees. It is further stated that the temple of the deities was established some time in 1925 by the then Zamindar-Rama Krushna Bose and after him Sushila Bala Dasi donated huge extent of land in favour of the deities for daily seva puja and brought the family of late Harihar Mishra to Gelpur for performing seva puja of the deities. It is stated that the deities are the public deities and the properties are under public endowments. It is also stated that the petitioners, who were merely to perform the seva puja of the deities, have managed to get their names recorded as marfatdars of the deities by deleting the names of the villagers and they have also mismanaged the deities' properties by getting them partitioned and have sold away some lands. The matter was reported to the Endowment Authorities and the Divisional Inspector of Endowments, Baripada conducted preliminary enquiry and being satisfied about mismanagement by petitioners, suggested for appointment of trust board. It is also stated that Additional Assistant Commissioner of Endowments served notice as required under law and such notice was served on the elder members of the petitioners' family. Therefore, the constitution of non-hereditary trust board by the Endowment Authorities is legal and justified.