JANMAJAYA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD further and the Judgment is as follows.

(2.) THE order of the Addl. Assistant Commissioner of Endowments, Sambalpur passed on 25.11.1995 in O.A. Case No. 5 of 1994 under Section 68 of the Orissa Hindu Religious Endowments Act, 1951 (in short 'the Act') is under challenge.

(3.) LEARNED Addl. Assistant Endowment Commissioner taking note of the aforesaid contentions of the parties and the oral and documentary evidence adduced by them, recorded the finding that since the property belongs to the deity and the Writ Petitioners have been disengaged from the Seva Puja and the institution being a public religious institution declared in O.A. No. 5 of 1992, therefore the claim of the Writ Petitioners must fail and the prayer of the trustee must succeed. Accordingly, order was passed for recovery of possession in favour of the religious institution.