N. K. DAS, J.

( 1 ) APPELLANT was the recognised Mahant of Khambakul Math, P. S. Balikuda in the District of Cuttack. The Commissioner of Endowments has recommended Under Section 35 of the Orissa Hindu Religious Endowments Act to the Government for approval to disqualify the appellant from continuing as Mahant for a period of five years. The appeal is directed against that order. The charges levelled against the appellant were that he sold away 7. 08 acres of land though permission had been obtained by him to execute permanent lease-deeds in respect of the said lands; he spent money for construction of the temple without plan and estimate being sanctioned by the Commissioner, he alienated some land of the institution either by himself or by his authorised agent without permission; he also alienated some Anabadi land without permission in his own name; he wilfully and persistently defaulted in discharging his duties and also defaulted in payment of contributions. He was asked to show cause and after causes were shown, the learned Commissioner of Endowments has held that the appellant has committed breach of trust in respect of funds of the institution and there has been persistent