JUDGMENT

A. S. NAIDU, J. — The dispute in the present Writ Petition relates to management of Hara Parbati Thakurani situated at Nimchouri, Chandinichowk of Cuttack Town.

2. The Commissioner of Endowments, Orissa, opposite party No. 1, by his order dated 24th June, 2006 - Annexure-1, in exercise of powers conferred upon him under Section 7 of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as ‘the Act’) appointed eleven persons as interim trustees for a period of two years or till formation of a regular non-hereditary trust board under Section 27 of the Act whichever would be earlier. The said order Annexure-1 was passed, as the order itself reflects, in the interest of the Institution. Being aggrieved by the said order the petitioners have approached this Court.

3. The grievance of the petitioners is mainly that the order Annexure-1 has been passed without issuing notice or affording an opportunity of hearing to them who are admittedly in the management of the affairs of the Deity. It is averred by them that the Deity is not a temple within the meaning of the Act, more so because it has no other property except the house in which annual earthen image of the