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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY, CHITTARANJAN DASH
Mahanta Kausal Kishore Das – Appellant
Versus
Commissioner of Endowments, Odisha, Bhubaneswar – Respondent
JUDGMENT :
Chittaranjan Dash, J.:
1. This Writ Petition is a connected matter to W.P.(C) No. 3694 of 2025, involving the same parties and religious institutions, and arises from a subsequent order passed during the pendency of proceedings under the Orissa Hindu Religious Endowments Act , 1951. Here, the Petitioner has challenged the order dated 20.03.2025 passed by the Commissioner of Endowments, Odisha (O.P. No.1), appointing the Tahasildar, Seragada as “fit person” under Section 7 of the OHRE Act, contending that the said order was passed without providing him the opportunity of being heard, during the pendency of proceedings in which his recognition as hereditary trustee is under adjudication.
2. The factual matrix of the case is that the Petitioner claims to be the Hereditary Trustee and Mahant, having succeeded his spiritual predecessor Mahant Gobardhan Das vide a Will dated 24.05.1990. Following Mahant Gobardhan Das’s death in June 1990, the Petitioner had applied under Section 30 of the OHRE Act in OA No. 30/2001 seeking recognition as Hereditary Trustee. That application was allowed ex parte on 09.10.2007. However, the said ex parte order was stayed in Misc. Case No. 23/2007,
This judgment establishes that administrative powers must adhere to principles of natural justice and procedural fairness, especially in judicial matters that affect individuals' rights.
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 court held that hereditary rights to temple administration supersede unilateral executive appointments when trusteeship disputes are pending, emphasizing adherence to statutory requirements and p....
The court upheld the appointment of a fit person for temple administration under Section 49 of the H.R.&C.E. Act, emphasizing the need for substantiated claims regarding trusteeship amid ongoing disp....
Section 49 of the Tamil Nadu Hindu Religious and Charitable Endowments Act allows for the appointment of a fit person in the absence of a recognized trustee, irrespective of mismanagement.
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