The appointment of Non-Hereditary Trustees without verifying the existence of a Hereditary Trustee and failing to follow statutory notification procedures is illegal.

ORDER :

1. The relief claimed in both the writ petitions is contingent upon the effective resolution of dispute concerning recommendation for constitution of Non-Hereditary Trust Board (NHTB) and Managing Trustee for the Religious Institution namely Gandharbanath Mahadev Bije at Chitreswara, Daulatabad, Choudwar, Cuttack (In short, the Religious Institution) and both the writ petitions are accordingly disposed of by this common order with the consent of learned counsel for the parties.

2. The petitioners in W.P.(C) No.27935 of 2023 claiming themselves to be Marfatdars and Hereditary Trustees of the Religious Institution by filing the writ petition have invoked the jurisdiction of this Court under Article 226 & 227 of the Constitution of India seeking to quash/set-aside the orders dated 15.07.2023 and 10.08.2023 at Annexure-10 & Annexure-11 respectively passed by the learned Additional Assistant Commissioner of Endowments, Cuttack appointing OPNos.5 to 13 as Non-Hereditary Trustees (NHT) with OPNo.5 as Managing Trustee of the Religious Institution.

On the other hand, OPNos.5 to 8 and 10 & 11 along with four others have filed the writ petition i.e. W.P.(C) No.19843 of 2023 against the State by impleading the Commissioner, Additional Assistant Commissioner and Collector, Cuttack as OPs praying therein to issue direction to the State to grant approval to the recommendation of Additional Assistant Commissioner of Endowments, Cuttack for formation of NHTB and NHT for the Religious Institution.

3. The factual matrix as unraveled are, the petitioners in W.P.(C) No.27935 of 2023 claim that they along with OPNo.5 are the Hereditary Trustees and Sebaks of the public deity of the Religious Institution and the petitioners and their ancestors are the recorded Marfatdars of said Religious Institution as per the ROR of Khata No.626 & 627 and the petitioners are in possession of Gharabari land including Debasthali of Khata No. 627, but Bhagirathi Mohapatra, who being the son of late recorded Marfatdar Ganeswar Mohapatra and staying at Bhubaneswar forcibly constructed a temple of Lord Ram in the said Gharabari land and put a lock in the said temple as his private temple and said Bhagirathi Mohapatra also constructed a room by putting RCC structure near the said Ram temple as if the land is his private property and when the petitioners objected to the said construction, the dispute between them surfaced leading to institutions of proceeding under Section 144 (2) of the Cr.P.C. and, thereafter, Bhagirathi Mohapatra with his political and financial influence indexed the Religious Institution and thereafter, OPNo.4 by enclosing a false report in letter No.12 dated 25.01.2023 addressed to OPNo.3 recommended the names of OPNos.5 to 13 to be appointed as members of NHTB and in such letter, he has apprised OPNo.3 that due publication has been made in terms of Section 27 of Hindu Religious Endowments Act, 1951 (In short the “Act”) and Mr. Dibakar Nayak, the drummer has intimated the general public of locality by beat of drum inviting suggestions and objections regarding appointment of OPNos.5 to 13 as NHT. The petitioners, however, allege in the writ petition that none of the general public was intimated by way of beat of drum and said Dibakar Nayak has sworn an affidavit to state that he has not intimated the public by way of beat of drum and at the instance of private OPs, the local MLA, Choudwar without any authority has written letter to the Law Minister requesting for formation of NHTB for the Religious I