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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 :
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’).
4. It is his submission that when the Inspector of Endowments, Puri has stated that the deities are private and public have neither any access nor perform sebapuja of the deities, learned Commissioner should not have raised any doubt with regard to nature of the deities. Further the Petitioner- Marfatdar is intending to sale the property for the benefit of the deities. Although P.W.1 has not specifically deposed about the expenditure incurred for the nitikanti and sebapuja of the deities, but no dou
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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