NARAYAN SAHU Vs. COMMISSIONER OF ENDOWMENTS

JUDGEMENT

(1.) THE petitioners in this writ application challenge legality of the order dated 6 -11 -1995, passed by the Commissioner of Endowments, purportedly under Section 7 of the Orissa Hindu Religious Endowments Act, 1951 (In short 'the Act').

(2.) BACKGROUND facts as asserted by the petitioners leading to filing of the writ petition are essentially as follows :

(3.) APPROVAL of the State Government is necessary before non -hereditary trustee is appointed. As the matter is stated to be pending before the State Government for more than six months, we direct opp. party No. 3 to deal with and dispose of the reference made by the Addl. Asst. Commissioner of Endowments, Berhampur vide letter dated 31 -5 -1995 (Annexuer -3 to the writ application) within three months from the date of receipt of our order. As has been rightly observed by the Commissioner, the State Government shall consider the question of disqualification to ensure that no person who is disqualified under Section 29 is appointed. We do not express any opinion in that regard as the matter is to be decided by the State Government. With the aforesaid observations and directions, the writ application is disposed of. Requisites for issuance of writ to opp. party No. 3 shall be filed by day after tomorrow.