JUDGMENT :

A. Pasayat, J. - Petitioner is aggrieved by the approval accorded by the State Government to the recommendation made by the Commissioner of Endowments (opp. party 2) to disqualify petitioner, who was the hereditary trustee of Revasa Math situated in Puri Town by resort to provisions contained in Section 35 of the Orissa Hindu Religious Endowments Act, 1951 (in short, "the Act'). Primary challenge to the order passed by the State Government as contained in Annexure-1 is on the ground that the same was passed without giant of an opportunity of heating to the petitioner. That according to the petitioner violates the principle of natural justice and, therefore, his prayer is to nullify the approval. An additional prayer has been made to the effect that Section 35 (5) of the Act does not authorise appointment of an Inspector of Endowments as the interim trustee.

Mr. Naidu, on behalf of opposite parties submitted that Section 35 (5) of the Act does not mandate that it has to be necessarily the next to the line of succession, or any disciple of the Math who has to be kept in charge. It is only that the claims of such persons have to be considered by the Commissioner while making