COMMISSIONER OF HINDU RELIGIOUS Vs. KANAK DURGA THAKURANI

JUDGEMENT

(1.) THIS second appeal and the application under Article 226 of the Constitution which is numbered as O. J. C. 401 of 1956, were ordered by a Bench of this Court to be heard together being connected matters' and accordingly they were heard analogously and are disposed of by this common judgment. The second appeal by the Commissioner of Hindu Religious Endowments, Orissa (defendant -1) (hereinafter referred to as the Commissioner) is directed against a judgment of the learned Dist. Judge of Cut -tack D/ -26 -4 -52 dismissing his appeal arising out of a suit filed by the respondents under Section 64 (2) of the old Orissa Hindu Religious Endowments Act (Orissa Act IV of 1939) (hereinafter referred to as the Act)'.

(2.) O . J. C. No. 401 of 1956, was filed by the plaintiff -petitioner under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus against the Commissioner and the Certificate Officer, Kendrapara, directing them not to proceed with the certificate proceeding for realisation of certain contribution amount for which a requisition was made by the Commissioner.

(3.) TWO separate written statements were filed, one by the commissioner and the other by the 2nd defendant. The defence of the 1st defendant was a complete denial of almost all the allegations contained in the plaint. He averred that after a through enquiry he finally decided by his order dated 15 -9 -1947, that the deity is a public one and that the properties standing in her name are public, though the Sebaitship has been hereditary with the second plaintiff. The grounds on, which he claimed the deity to be public were two: