K ISWAR RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed challenging the order dated 19.10.2004 passed by the Secretary to Government of Orissa, Law Department, Bhubaneswar in Appeal No. 6 of 2004 under Section 19 of the Orissa Hindu Religious Endowments Act, 1951 which had been filed against the order dated 17.02.2004 of the Commissioner of Endowments, Bhubaneswar.

(2.) OPPOSITE Party No. 3, namely, Sri Sankleswar Mahadevbije at Bhabinipur in the district of Ganjam, is a public religious institution which is managed by the Non -Hereditary Trust Board appointed by the Addl. Asst. Commissioner of Endowments, Berhampur from time to time. One Mohini Raul, who was appointed as the Managing Trustee of the institution and was looking after the management of the same, applied for permission for sale of lands described under the schedule to the petition filed by him before the Commissioner of Endowments. The lands mentioned in the schedule are recorded in the name of the deity and situated at a distance of 5 kilometres away from the institution. Sufficient income is not derived from the lands as the Bhag tenants are not regular in paying the Bhag dues to the deity. The institution is in a dilapidated condition and huge money is required for repairing. Since there was no income of the institution, said Raul applied for permission to sell the lands through its Managing Trustee as per schedule under Section 19 of the O.H.R.E. Act, 1951 which was registered as O.A. Case No. 82 of 2002.

(3.) IN respect of first point, the Commissioner of Endowments held that the petitioner had filed affidavit and the Record of Rights before him and the report of the Inspector of Endowments supported the case of the petitioner that the lands stand recorded in the name of the deity and that there is no alternative but to sell the lands in the interest of the deity.