JUDGMENT

M. M. DAS J. This writ application has been filed seeking quashing of the order vide Annexure-5, by which the Commissioner of Hindu Religious Endowments rejected the application filed by the petitioners under section 19-A of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as ‘the Act’).

The petitioners claim to be the owners in possession of Ac. 0.919 dec of homestead land appertaining to Hal Plot No.2049 under Hal Khata No.1203/305 situated in Mouza -Unit No.13, Chandinichowk, Cuttack Town, which has been recorded in the name of the deity Sri Sri Gopal Thakur in the Record of Rights. It is further averred in the writ petition that originally the land was recorded in the name of the predecessor-in-interest of the petitioners in the Sabik Settlement Record and after their death the petitioners and others being their successors have partitioned their ancestral properties amongst them. The case land has been allotted to the share of the petitioners, who are in peaceful possession over the same. In the Hal Settlement Record, it has been recorded in the name of the deity nominally, which is their property of the family deity. On account of legal necessit