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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA, SAVITRI RATHO
Biswajit Swain S/o Banamali Swain – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. presentation of grievances and appointment of trustees (Para 2 , 3 , 4 , 5) |
| 2. challenge to the jurisdiction of the commissioner regarding nht board (Para 6 , 7) |
| 3. arguments against the validity of the learned commissioner's order (Para 8) |
| 4. discussions on the statutory powers of the learned commissioner (Para 9 , 10 , 11 , 12 , 13) |
| 5. restating the authority of the learned commissioner (Para 18) |
| 6. final ruling and directive on the nht board's management (Para 27 , 28) |
JUDGMENT :
1. This matter is taken up through hybrid mode.
3. Short narration of facts necessary for adjudication of the case are as under:-
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 7th 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.
D) Subsequently, the Deity was indexed vide Index No.81-HC by learned Commi
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.
Mere fact that a statutory authority is empowered to follow the procedure as nearly may be in accordance with procedure under C.P.C. to the trial of suits or hearing of appeals, the statutory authori....
The appointment of Non-Hereditary Trustees without verifying the existence of a Hereditary Trustee and failing to follow statutory notification procedures is illegal.
The court emphasized strict adherence to procedural fairness and statutory safeguards in quasi-judicial proceedings involving trustee matters under the applicable act.
The main legal point established in the judgment is that the Assistant Commissioner does not have the power to declare an institution as a religious institution and appoint a fit person under Section....
The court established that the Commissioner of Endowments lacked jurisdiction to revoke exemptions and appoint trustees without following due process as mandated by the Endowments Act.
The Endowment Commissioner's appointment of a Fit Person to administer a religious institution was found illegal, undermining the fundamental right to manage religious affairs.
This judgment establishes that administrative powers must adhere to principles of natural justice and procedural fairness, especially in judicial matters that affect individuals' rights.
Point of Law : Temple or its precincts cannot be made a place where political parties should look forward to give political asylum to their workers.
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