The central legal point established in the judgment is that the appointment order for Non-hereditary Trustees under section 27 of the Odisha Hindu Religious Endowments Act, 1951, must be based on a proper proposal and approval by the Government.

JUDGMENT

Arindam Sinha, J. - Mr. Bose, learned advocate appears on behalf of petitioners and submits, impugned is order dated 5th July, 2022 made by the Commissioner, purportedly in pursuance of direction imparted by Government of Odisha, Law Department on letter dated 10th March, 2022 is unsustainable.

2. He draws attention to order dated 3rd March, 2022, whereby the Assistant Commissioner, pursuant to Government of Odisha, Law Department letter dated 20th January, 2022 appointed eleven persons (petitioners) as Non-hereditary Trustees of the institution. The department, thereafter, by order dated 10th March, 2022, said to be in supersession of said letter dated 20th January, 2022, conveyed approval of the Government under section 27 of Odisha Hindu Religious Endowments Act, 1951, for formation of Non-hereditary Trust Board of the institution giving eleven names of different persons. He submits, impugned appointment order, issued pursuant thereto, is illegal and should be set aside and quashed.

3. Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State. Ms. Naidu, learned advocate appears on behalf of the Commissioner. She submits, by letter dated 15th March, 2022 her client had sought clarification regarding issuance of the appointment order.

4. Mr. Choudhury, learned advocate appears on behalf of opposite party nos.5 to 15, who are the appointees by supersession. He submits, sub-sections (1) and (1-a) in section 27 do allow for modification of proposed names.

5. Section 27 allows for modification of the proposal sent by the Assistant Commissioner regarding appointment of non-hereditary trusties. Documents disclosed in the writ petition bear out the facts. They are that there was original proposal and approval thereon by the Government on letter dated 20th January, 2022. It is thereafter that the Government issued letter dated 10th March, 2022, in supersession of said letter dated 20th January, 2022. We reproduce first paragraph from said letter.

'In supersession of this Deptt. Letter No.797/L dtd.20.01.2022 on the above mentioned subject, I am directed to convey the approval of Government under section 27 of the O.H.R.E.Act, 1951 for formation of Non-Hereditary Trust Board in respect of Sri Nilakantheswar Deb, At/Po.-Binayakpur Deuli, PS-Pipili, Dist.-Puri with the following members for a period of two years from the date of their appointment.'

(emphasis supplied)

On query from Court Ms. Naidu submits, there was no further proposal made, which also remains uncontroverted.

6. Section 24 provides power for modification, as reserved to the Government, of the proposal made by the Assistant Commissioner. It appears, subsequent letter dated 10th March, 2022 issued by the Government superseding the Trust Board appointed by order dated 3rd March, 2022 was not based on any proposal, for it to be said that names contained in that order had been approved by it.

7. Impugned order dated 5th July, 2022 is set aside and quashed with all its consequences, one such being restoration of order dated 3rd March, 2022.

8. The writ petition is allowed and disposed of.