LOKESH PATRO Vs. COMMISSIONER OF ENDOWMENTS, ORISSA

JUDGEMENT

(1.) THIS writ appeal has been filed against the judgment and order of the learned Single Judge dated 25.2.2008 dismissing W.P.(C) No. 10378 of 2006 filed by the present appellants observing that sale of the land belonging to the deity made by registered sale deeds was strictly in accordance with the order passed by the Commissioner of Endowments and appellants had no locus standi to the writ petition as they were never inducted as tenants nor they were in possession of the land and therefore, the writ petition could not be entertained.

(2.) THE facts and circumstances giving rise to this appeal are that the land in dispute exclusively belonging to the religious institution namely, Sri Rama, Laxman, Sita Swamy situate at Lochapada in district Ganjam. The person appointed for management of the said institution filed an application under Section 19 of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter called 'the Act) seeking permission to alienate Ac.4.225 decimal lands on the ground that major portion of the said land was occupied by tenants who were neither paying any 'Bhag nor contributing anything to the institution. It was further alleged that if immediate steps were not taken, the balance lands may also be forcibly occupied by trespassers.

(3.) BOTH the orders passed by the Commissioner of Endowments as well as Law Secretary in revision were challenged by the present appellants and in the writ petition they offered a sum of Rs.25 lakhs per acre. However, learned Single Judge dismissed the said writ petition on the grounds herein above. Hence this appeal.