RADHAMOHAN MAHAPRAVU Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Petitioners in this writ petition seek to assail the order dtd. 27/12/2017 (Annexure-6) passed by learned Commissioner of Endowments, Odisha, Bhubaneswar (for brevity 'learned Commissioner') in O.A. No. 198 of 2016 granting permission under Sec. 19 of the Odisha Hindu Religious Endowments Act, 1951 (for brevity 'the Act') to alienate the property in question of the deity Sri Radhamohan Mahapravu and Sri Radha Damodar Mahapravu Bije at Radhamohan Math, Nua Sahi, Digapahandi in the district of Ganjam (for short 'the Deity'). The Petitioners also assail the order dtd. 4/9/2019 (Annexure-7) passed by the Minister of Law in Revision No.5 of 2019. The Petitioners further assail the auction proceeding under Annexures-8 and 12 and the registered sale deed executed in favour of the Opposite Party No.4 under Annexure-13.

(3.) Mr. Mantry, learned counsel submits that the Petitioners are tenants under the Trustee of the Deity. They are in cultivating possession of the land in question. When the matter stood thus, the Hereditary Trustee filed an application under Sec. 19 of the Act before learned Commissioner (O.A. No. 198 of 2016) seeking permission to alienate a portion of the land of the Deity. Learned Commissioner vide order dtd. 27/12/2017 (Annexure-6) granted permission to alienate the property in public auction with the upset price of Rs.14,00,000.00 (Rupees fourteen lakhs) per acre. It was also directed that the auction should be conducted in the presence of learned Additional Assistant Commissioner of Endowments, Berhampur and local Inspector of Endowments. Thirty days notice of the public auction should be given by advertisement by beat of drums in the locality as well as by publication in any daily Oriya News paper like Dharitri, Samaj, Sambad, Samay etc. or English daily like Times of India etc. having wide circulation in the locality. Learned Commissioner further directed that, if necessary, the Deity during public auction in order to maintain law and order situation may take help of the local police. Further, detail directions were also issued in the order under Annexure-6. The Trustee challenging the order under Annexure-6 with regard to fixation of upset price moved the Minister of Law in Revision No.5 of 2019. The Minister of Law, vide order dtd. 4/9/2019 (Annexure-7), disposed of the Revision by reducing the upset price from Rs.14,00,000.00 (Rupees fourteen lakhs) to Rs.2,28,000.00 (Rupees two lakhs Twenty-Eight thousand) per acre. Accordingly, auction notice was published and Opposite Party No.4 being the successful bidder purchased the land in question by virtue of registered sale deed dtd. 27/5/2020.