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1973 Supreme(Ori) 210

R.N.MISRA, K.B.PANDA
SRI CHIRANJILAL PATWARI – Appellant
Versus
COMMISSIONER, HINDU RELIGIOUS ENDOWMENTS – Respondent


Advocates Appeared:
R.K. Mohapatra and A. Mohanty, for the Appellant; S. Mohanty and M. Mohanty, for the Respondent

JUDGMENT :

R.N. Misra, J. - The Petitioner is aggrieved by the order of the Commissioner of Hindu Religious Endowments Opp. party No. 1) dated 9-4-1970, made u/s 25 of the Orissa Hindu Religious Endowments Act (Orissa Act of 2 of 1952)(hereinafter referred to as the "Act") directing a requisition to be sent to the Collector of Puri for effecting delivery of possession of lands included in a lease hold granted in favour of the Petitioner by the ex. Mahant of Khaki Akhada Math, Puri. On receipt of the requisition of the Commissioner, the Collector of Puri (Opp. party No. 2) called upon the Petitioner to deliver possession of the property to opposite party No. 3, the interim trustee of the said Math. The Petitioner, therefore, has asked us to quash Annexure-4 (the order u/s 25) and Annexure-6 (the order of the Collector dated 5-8-1970) by issuing a writ of certiorari.

2. On 25-1-1950, the Petitioner claims to have taken a permanent lease in respect of Ac. 1.610 of land in Kundheibenta Sahi in the town of Puri on a premium of Rs. 5,500/- and rentral of Rs. 100/- per annum. The land is claimed to have been recorded in the Settlement Record-of-Rights as Amrutmonohi and the predecessor-in-i

















































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