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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, G.SATAPATHY
Rabindra Mohapatra – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. writ petitions disposed concerning trust board. (Para 1 , 2) |
| 2. factual claims about hereditary trustees. (Para 3) |
| 3. arguments on validity of trustee appointments. (Para 4 , 8) |
| 4. hearing and representation aspects. (Para 5 , 6 , 7 , 10) |
| 5. procedural requirements under section 27. (Para 11 , 12) |
| 6. issues regarding assignment of trustee roles. (Para 13 , 14 , 15 , 16) |
| 7. court's decision to quash invalid trustee appointments. (Para 17) |
ORDER :
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.
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 pub
The appointment of Non-Hereditary Trustees without verifying the existence of a Hereditary Trustee and failing to follow statutory notification procedures is illegal.
The appointment of non-hereditary trustees must comply with statutory provisions requiring notice and enquiry regarding the management of the institution.
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....
Point of Law : Temple or its precincts cannot be made a place where political parties should look forward to give political asylum to their workers.
The appointment of non-hereditary trustees must comply with statutory requirements, including notice to hereditary trustees and documented reasons for disqualification.
The court affirmed the hereditary trusteeship of defendants, ruling that plaintiffs failed to prove mismanagement or entitlement to non-hereditary trusteeship under the Hindu Religious Charitable End....
Hereditary trusteeship is not property within the meaning of Art. 19 (1) and Art. 31 of the Constitution of India and consequently the right of hereditary trusteeship is not property within the meani....
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