HARA PARBATI THAKURANI Vs. COMMISSIONER OF ENDOWMENTS

JUDGEMENT

(1.) THE dispute in the present Writ Petition relates to management of Hara Parbati Thakurani situated at Nimchouri, Chandinichowk of Cuttack Town.

(2.) THE Commissioner of Endowments, Orissa, opposite party No. 1, by his order dated 24th June, 2006 - Annexure -1, in exercise of powers conferred upon him under Section 7 of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as 'the Act') appointed eleven persons as interim trustees for a period of two years or till formation of a regular non -hereditary trust board under Section 27 of the Act whichever would be earlier. The said order Annexure -1 was passed, as the order itself reflects, in the interest of the Institution. Being aggrieved by the said order the petitioners have approached this Court.

(3.) MR . S.P. Misra, learned Counsel for the petitioners, in course of hearing laid emphasis as to the nature of the Institution and submitted that the same is a registered society and thus is outside the purview of the Act. He also raised several allegations against opposite party No. 3 inter alia he being a person interested, having misappropriated the funds of the Deity, having purchased lands of the Deity and so on and so forth, and thus being disqualified to be an interim trustee.