JASOBANTI THAKURANI Vs. COMMISSIONER OF ENDOWMENTS ORISSA

JUDGEMENT

(1.) The petitioners in this writ application seek to assail the validity of the order dated 7-8-1998 of the Commissioner of Endowments, Orissa, Bhubaneswar (Annexure-2) constituting an interim trust board comprising opposite parties 3 to 11 as its members in respect of the institution Jasobanti Thakurani at Dasipur for a period of one year or till formation of Regular non-hereditary trust board, whichever is earlier.

(2.) The case of the petitioners' is that Jasobanti Thakurani (petitioner No. 1) is an ancient village deity. It is an old temple whose origin/foundation is lost in antiquity. Some of the petitioners are recorded as marfatdaris of the deity (Annexure-1, R. O. R. of 1930). Petitioners 2 to 9 who belong to the Panda family have been in continuous and peaceful management of the deity for the last four generations. They have also been in cultivating possession of the land of the deity measuring Ac. 8.86 decimals and its usufructs are being utilised for the 'seba puja' and management of the deity. The opposite parties 3 to 11 have no manner of interest in the management of the deity and have got themselves illegally appointed as interim trustees by the Commissioner.The petitioners' allegation is that the Additional Assistant Commissioner of Endowments, Cuttack-opposite party No. 2 on the basis of report of the Inspector of Endowments immediately moved the Commissioner for appointment of interim trustees and basing on such recommendation the Commissioner has passed the impugned order behind their back.

(3.) Counter affidavit has been filed on behalf of the Commissioner of Endowments and Additional Assistant Commissioner of Endowments (opposite parties 1 and 2). Their case is that Grama Devati Jasobanti Thakurani, Dasipur belongs to the entire village. It is a public religious institution being installed by the then ruler of the erstwhile Kujang estate. Taking advantage of the fact that the lands were recorded in the name of the deity's marfatdar of the Panda family, they illegally alienated some of its properties by way of sale. The Panda family in course of time left the village and at present the 'seba puja' is being done by engaging 'Pujaka' by the villagers. On 7-4-1998 the villagers filed a representation before the Additional Assistant Commissioner of Endowments alleging overt acts committed by the Panda family with a further request to hold an inquiry and constitute a non-hereditary trust board. On receipt of the said representation, the Additional Assistant Commissioner of Endowments directed the Inspector of Endowments, Kendrapara to visit the institution and submit a report after holding inquiry. In obedience to the said direction, the Inspector of Endowments visited the institution on 8-5-1998 held local inquiry in presence of the villagers and submitted report on 5-6-1998 (Annexure-B). He stated in the report that the institution is a public religious one which belongs to the entire villagers. The Additional Assistant Commissioner of Endowments was satisfied that it is a public religious institution without any trustee and the deity's properties are not being properly managed. He accordingly sent the proposal suggesting formation of a non-hereditary trust board with the opposite parties 3 to 11 as its members (Annexure-C). The Commissioner of Endowments after going through the relevant documents was satisfied that the institution and its endowment are not being properly managed and accordingly has passed the impugned order.