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2023 Supreme(Ori) 8

ARINDAM SINHA, S. K. MISHRA
Tamala Das – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
Manmaya Kumar Dash, Advocate, A. K. Sharma, Advocate, P. Naidu, Advocate

JUDGMENT

Arindam Sinha, J. - The writ petition was moved on 30th November, 2022. On behalf of petitioner it was submitted that she wants to deal with property purchased by her under a registered conveyance dated 12th August, 1992. As such, she applied for 'No Objection' certificate under section 19-A in Odisha Hindu Religious Endowments Act, 1951. Inserted by amendment rule 4A in Odisha Hindu Religious Endowments Rules, 1959 lays down procedure for application for issuance of 'No Objection' certificate. It requires issuance of public notice. It was submitted, in spite of not receiving any objection to the public notice issued, the Commissioner passed impugned judgment dated 20th July, 2018 rejecting the application for 'No Objection' certificate under section 19-A. Furthermore enquiry report was also in favour of petitioner.

2. Mr. Dash, learned advocate appears on behalf of petitioner, while Mr. Sharma, learned advocate, Additional Government Advocate for State and Ms. Naidu, learned advocate for Commissioner of Endowments.

3. On said earlier occasion Ms. Naidu had pointed out from paragraph 6 of impugned judgment that her client found case schedule land stood recorded in name of dei

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