PRAMOD BEHERA Vs. COMMISSIONER OF ENDOWMENTS

JUDGEMENT

(1.) The Petitioners, who are some of the Hindu public of the locality of Telenga Bazar in the millennium city of Cuttack, which is the cultural heart -throb of the State, have called in question the order of the Deputy Commissioner of Endowments constituting a non -hereditary Trust Board for a period of two years from the date of issuance of the said order to administer the affairs of the centuries old monumental temple of Shri Raghunath Jew Bije, Telenga Bazar built by the Marahata Kings during their reign in this State.

(2.) A Scheme Order was passed under Sections 38 and 39 of the Old Hindu Religious Endowments Act, 1939 (for short, 'the Old Act') on 03.10.1951. Section 38 of the said Act, which continued to exist in the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as 'the New Act') was omitted by Orissa Act 18 of 1954. However, under Section 79 of the New Act, which provides Repeal and effect of repeal was Orissa Hindu Religious Endowments Act, 1939, the Scheme framed on 3.10.1951 remains, valid, as under Section 79(2)(a), it has been provided that all rules made, notifications issued, orders passed, decisions made, proceedings or actions taken, Schemes settled and things done by the State Government or the Commissioner under the Old Act shall in so far as they are not inconsistent with the New Act be deemed to have been made, issued, passed, taken, settled or done by the appropriate authority under the corresponding provisions of the New Act and shall have effect accordingly. (Emphasis supplied).

(3.) BY Order Dated 23.5.2006, a Trust Board was constituted by the Deputy Commissioner of Endowments, Orissa to manage the affairs of the temple as per the provisions under the Scheme which was to remain valid for 2 yeas from the date of issue of the said order. After expiry of the term of the said Trust Board, by the impugned order, the present Trust Board has been constituted. The Petitioners have alleged that before constituting the scheme Trust Board, no enquiry whatsoever has been conducted by the Opp. Parties and no opportunity whatsoever has been given to the present Petitioners and other objectors, who represented against formation of a new Trust Board and claimed for continuation of old Trust Board on the ground that many developmental works have been undertaken by the Old Trust Board and the Management of the institution was being smoothly carried out by the said Trust Board for which the tenure of the said Trust Board should be extended for five years which is the maximum period prescribed under the Scheme. The intervenor, who has been added as Opp. Party No. 4 being the alleged Managing Trustee of the newly constituted Trust Board under the impugned order, pleaded that several representations were also filed before the Commissioner against the action of the previous Trust Board whose term has expired.