PRAVASINI PARIJA Vs. COMMISSIONER OF ENDOWMENT, ODISHA, BHUBANESWAR

JUDGEMENT

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

(2.) Petitioners in this writ petition seek to assail the judgment dtd. 18/3/2025 (Annexure-4) passed by the learned Commissioner of Endowments, Odisha, Bhubaneswar in O.A. No.158 of 2015 rejecting an application filed by them under Sec. 19-A of the Odisha Hindu Religious Endowments Act, 1951 (for brevity, 'the Act').

(3.) Mr. Mishra, learned Senior Advocate appearing for the Petitioners submits that Deity Sri Raghunathjew Bije Nijagaon, Tentuliapada under Tahasil-Tirtol in the district of Jagatsinghpur (for brevity, 'the Deity') is a private Deity of the family of the Petitioners. The predecessor of the Petitioners, namely, Ashok Kumar Parija was managing the affairs of the Deity and was performing daily 'nitikanti' and 'sebapuja' by engaging a Pujaka. Due to legal necessity of the Deity, the property, more fully described in the schedule of the petition under Sec. 19-A of the Act under Annexure-1(for brevity 'the case land') was required to be alienated. It is further submitted that the case land is situated far from the house of the Petitioners. The case land is lying vacant and yields no income to the Deity. There is every likelihood of encroachment of the case land. Thus, in order to protect the interest of the Deity, the land is required to be alienated and the consideration amount would be kept in deposit in the name of the Deity, to be utilized for the benefit of the Deity. On the said averment, petition under Sec. 19-A of the Act was filed by the predecessor of the Petitioners, namely Ashok Kumar Parija with a prayer to issue No Objection Certificate (for brevity 'NOC') in prescribed Form AA for alienation of the case land.