BANSIDHAR RANA Vs. COMMISSIONER OF ENDOWMENTS

JUDGEMENT

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

(2.) The Petitioner in this writ petition seeks to assail the order dtd. 26/2/2018 (Annexure-4) passed by learned Commissioner of Endowments, Odisha, Bhubaneswar (for brevity 'learned Commissioner') in O.A. No.264 of 2011, rejecting an application under Sec. 30 of the Odisha Hindu Religious Endowments Act, 1951 (for brevity 'the Act'), refusing to recognize the Petitioner as the Hereditary Trustee (HT) of the religious institution, namely, Sri Sri Tara Tarini Goddess bije, Taratarini Hills in the district of Ganjam (for brevity 'the Deity').

(3.) Mr. Dash, learned counsel for the Petitioner submits that the ancestor of the Petitioner, namely, Jogi Rana was recognized as HT of the Deity vide judgment dtd. 25/10/1935 passed by learned District Judge, Ganjam in Original Petition No.21 of 1935 filed under the provisions of Madras Hindu Religious Endowment Act, 1926. Said Jogi Rana was the grandfather of the Petitioner. Jogi Rana had four sons, namely, Patitapaban, Mrutunjaya, Ananta and Magata. The Petitioner is the one of sons of Patitapaban. Patitapaban did not take any step to recognize him as HT of the Deity. When the dispute arose with regard to recognition of the Petitioner as the HT of the Deity, he filed an application under Sec. 30 of the Act (OA No.264 of 2011). Learned Commissioner holding that Patitapaban, the father of the Petitioner being not recognized as the HT, claim of the Petitioner to be recognized as HT could not be entertained.