The court found that the Commissioner could not interfere with the appointment of a Non-Hereditary Trust Board under the Odisha Hindu Religious Endowments Act due to lack of jurisdiction.

JUDGMENT :

K.R. MOHAPATRA, J.

1. This matter is taken up through hybrid mode.

2. Being aggrieved by the order dated 12^th September, 2024 (Annexure-17) passed by learned Commissioner of Endowments, Odisha, Bhubaneswar (for brevity ‘learned Commissioner’), this Writ Petition has been filed. The said proceeding was initiated on the basis of a representation dated 13^th August, 2024 filed by Opposite Party Nos.6 to 20 pursuant to the order dated 2^nd August, 2024 (Annexure-13) passed by this Court in W.P.(C) No.17592 of 2024.

3. Short narration of facts necessary for adjudication of the case are as under:-

A) The villagers of Gatiroutpatana submitted a grievance petition to learned Additional Assistant Commissioner, Endowments, Cuttack (for brevity ‘learned Assistant Commissioner’) with a prayerto make arrangements for smooth management of the Endowments, Nitikanti as well as festivals of Maa Hastibahini Thakurani, Bije at Gatiroutpatana in the district of /Cuttack (for brevity ‘the Deity’). The Deity is public in nature being worshiped by the villagers. It has Ac.3.50 acres of immovable properties. The Sevayats are possessing the immovable properties of the Deity and performing the Nitikanti.

B) Recently, the Sebayats started construction of permanent structures over the immovable properties of the Deity without taking permission of the learned Commissioner. Thus, the villagers submitted the aforesaid grievance petition. Receiving such grievance petition, the learned Assistant Commissioner, vide his Order No.865 dated 7^th July, 2022 (Annexure-2), directed the Inspector of Endowments, Jagatsinghpur to visit the spot and submit a detailed report to take further action in the matter.

C) In obedience to such direction, the Inspector of Endowments visited the spot and made enquiry. He submitted his report vide letter No.192/IEC dated 2^nd September, 2023 (Annexure- 3) intimating that though the nature of the Deity has not been decided judicially but the people of the locality and the villagers are visiting the temple and worshiping the Deity regularly. It was also stated that the Deity was not indexed and learned Commissioner was intimated to take steps in that regard. He further reported that some houses are being constructed over the immovable properties of the Deity. On being asked, the public present during the enquiry stated that the Marfatdars are trying to demolish the temple without prior permission of the learned Commission. Hence, the Inspector of Endowmentsrequested the learned Assistant Commissioner to take necessary steps in that regard.

D) Subsequently, the Deity was indexed vide Index No.81-HC by learned Commissioner and it was treated as a religious institution without any hereditary trustee. Accordingly, learned Assistant Commissioner directed the Inspector of Endowments, Jagatsinghpur to make an enquiry and suggest names for appointment of a Non- Hereditary Trust Board (for brevity ‘NHT Board’). In obedience to such direction, the Inspector of Endowments, vide his Notice No.233 dated 9^th October, 2023 (Annexure-4) intimated the public to convene a meeting in the premises of the temple of the Deity on 12^th October, 2023 to take steps for appointment of NHT Board.

E) After enquiry, the Inspector of Endowments suggested nine names for NHT Board vide his letter No.243 dated 16^th October, 2023 (Annexure-5 series). Thereafter, the learned Assistant Commissioner directed the Inspector of Endowments to publish notice inviting objection in accordance with S