BENUDHAR NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) HEARD learned counsel for the petitioners. The interim managing trustee of petitioner No. 2 -deity, namely, Sri Sri Gokarneshwar Mahadev has filed this writ petition challenging the notice/advertisement issued by the Additional Assistant Commissioner of Endowments, Cuttack dated 12.08.2013 vide Annexure -5 inviting objections for inclusion of the names of four persons, as indicated in Annexure -5, in the regular Trust Board as proposed by the State Government in the Law Department.

(2.) LEARNED counsel for the petitioners submits that one of the proposed person, namely, Dusasan Jena has already indicated that he is not interested to become a member of the regular Trust Board of the deity and that the petitioner No. 1 has filed objection as per Annexure -6 to the proposed inclusion of the four names in the advertisement in the Regular Trust Board. It is also his submission that the Government itself has no power or jurisdiction to propose names for inclusion in the Regular Trust Board of a deity/institution managed by Non -hereditary Trustee.

(3.) SUB -section (1 -a) of Section 27 runs as follows: