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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA, V.NARASINGH
Shree Jagannath Deb, Puri – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's application details and deities' status. (Para 2 , 3) |
| 2. arguments on procedural requirements and evidence. (Para 4 , 5) |
| 3. court's analysis of compliance with the act and rules. (Para 6 , 7) |
| 4. judgment orders remittance to adjudicate afresh. (Para 8 , 9) |
JUDGMENT :
1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition seeks to assail the judgment dated 21st September, 2024 (Annexure-1) passed in O.A. No.284 of 2023, whereby learned Commissioner of Endowments, Odisha, Bhubaneswar (for brevity ‘the Commissioner’)-Opposite Party No.2 rejected an application filed by the Petitioner under Section 19 -A of the Odisha Hindu Religious Endowments Act, 1951 (for brevity ‘the Act’).
3. Mr. Dash, learned counsel submits that the Petitioner has installed deities, more fully, described in the petition under Section 19 -A of the Act in his residence. He is the marfatdar of the said Deities. Public have no access either to the premises of the Petitioner or to the bijesthali. The land in question was purchased in the name of the deities and consolidation ROR has been prepared accordingly describing the Petitioner as the marfatdar. The
The court ruled that the rejection of a No Objection Certificate application under Section 19-A of the Act for private deities was erroneous, emphasizing compliance with procedural rules over unsuppo....
The learned Commissioner must properly evaluate evidence regarding the nature of a Deity as public or private under Section 19-A of the Act before deciding on the No Objection Certificate for land al....
Refusal of No Objection Certificate for alienation of land related to a private deity deemed erroneous; the court emphasizes the necessity for alienation to prevent encroachment and serve the deity's....
The main legal principle established in the judgment is that the recorded 'Sebayat' of a deity may have the right to alienate the property belonging to the deity if it can be shown that the property ....
The absence of a prescribed procedure for granting the 'No Objection' certificate and the lack of objections to the petitioner's application supported the petitioner's entitlement to the certificate.
The central legal point established in the judgment is that permission under the Odisha Hindu Religious Endowments Act, 1951 is not required for lands not proven to be of the deity institution or any....
The court emphasized that decisions affecting public interest must be accompanied by clear reasoning to ensure transparency and fair play, particularly in matters of auction concerning religious prop....
The main legal point established in the judgment is that the remedy under Section 25(1) of the Orissa Hindu Religious Endowments Act, 1951 is an efficacious remedy for the trust to recover the proper....
The main legal point established in the judgment is that the Commissioner of Endowments cannot impose conditions while granting a 'No Objection' certificate as mandated by the Odisha Hindu Religious ....
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