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2023 Supreme(Ori) 94

ARINDAM SINHA, S. K. MISHRA
Muralidhara Dutta – Appellant
Versus
Commissioner of Endowments, Odisha, Bhubaneswar – Respondent


Advocates appeared:
Gopinath Mishra, Advocate, P. Naidu, Advocate

JUDGMENT

Arindam Sinha, J. - Mr. Mishra, learned advocate appears on behalf of petitioners and submits, agricultural land, which his clients want to sell, stands recorded in the RoR in name of the deity as 'Nijagruha'. His clients applied for issuance of 'No Objection Certificate' under section 19-A of Odisha Hindu Religious Endowments Act, 1951. The Commissioner by impugned judgment dated 11th November, 2022 said that since petitioner no.1 stands recorded as 'Sebayat' in respect of the deity, he is only caretaker of the property. He has no right to alienate property belonging to the deity unless it is shown that in fact he had acquired the property in name of the deity. Such evidence is lacking. Furthermore, from report of Inspector of Endowments it appeared, inter alia that prior to date of inspection, the deity was being worshipped at a pucca temple in the village and public were getting chance for free darshan. He submits, entry in the RoR is sufficient for prima facie appreciation that it is a private deity. He seeks interference.

2. Ms. Niadu, learned advocate appears on behalf of the Commissioner. On query from Court, she draws attention to rule-4-A in Odisha Hindu Religious E

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