G. K. MISRA, C. J.

( 1 ) THE facts of the case may be stated in brief. In Tune 1966 an application was filed under Section 27 of the Orissa Hindu Religious Endowments Act 1951 (Orissa act II of 1952) (hereinafter referred to as the Act), by 40 villagers alleging that the temple of Sri Lokenath Iswar Deb installed in village Bantala, in Nayagarh Sub-Division of the district of Puri, is a public temple, of which the petitioners in this writ application are the marfatdars. The maifatdars were treating the properties of the temple as their private properties. The nitis of the Deity were almost on the point of being stopped. The applicants prayed that non-hereditary trustees should be appointed for the management, of the temple. On 31-7-66 the petitioners were directed to submit accounts. On 4-8-66 the Inspector of Endowments was directed to furnish a report as to whether the endowment was public or private. On 6-9-66, the Inspector, after a local enquiry, reported that the temple was constructed by the villagers and the marfatdars and that the petitioners were in management. It was further reported that the villagers of Bantala and the Marfatdars come from one family and the members o