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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 :
K.R. MOHAPATRA, J.
1. This matter is taken up through hybrid mode.
2. Being aggrieved by the order dated 12th 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 13th August, 2024 filed by Opposite Party Nos.6 to 20 pursuant to the order dated 2nd 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 Commissio
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.
The appointment of non-hereditary trustees is valid under the Hindu Religious and Charitable Endowments Act when there is evidence of mismanagement by hereditary trustees, and full legal procedures a....
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 Commissioner lacked authority to appoint an Executive Officer for temple administration, violating established law and trustee rights under the HR & CE 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.
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