ORISSA HIGH COURT
K.R.MOHAPATRA, J, Savitri Ratho, JJ.
Radhamohan Mahapravu v. State of Odisha
W. P. (C). No. 28734 of 2020
1. By the Bench: -
This matter is taken up through hybrid mode.
2. Petitioners in this writ petition seek to assail the order dated 27th December, 2017 (Annexure - 6) passed by learned Commissioner of Endowments, Odisha, Bhubaneswar (for brevity 'learned Commissioner') in O.A. No. 198 of 2016 granting permission under S.19 of the Odisha Hindu Religious Endowments Act, 1951 (for brevity 'the Act') to alienate the property in question of the deity Sri Radhamohan Mahapravu and Sri Radha Damodar Mahapravu Bije at Radhamohan Math, Nua Sahi, Digapahandi in the district of Ganjam (for short 'the Deity'). The Petitioners also assail the order dated 4th September, 2019 (Annexure - 7) passed by the Minister of Law in Revision No.5 of 2019. The Petitioners further assail the auction proceeding under Annexures - 8 and 12 and the registered sale deed executed in favour of the Opposite Party No.4 under Annexure - 13.
3. Mr. Mantry, learned counsel submits that the Petitioners are tenants under the Trustee of the Deity. They are in cultivating possession of the land in question. When the matter stood thus, the Hereditary Trustee filed an application under S.19 of the Act before learned Commissioner (O.A. No. 198 of 2016) seeking permission to alienate a portion of the land of the Deity. Learned Commissioner vide order dated 27th December, 2017 (Annexure - 6) granted permission to alienate the property in public auction with the upset price of Rs.14,00,000/- (Rupees fourteen lakhs) per acre. It was also directed that the auction should be conducted in the presence of learned Additional Assistant Commissioner of Endowments, Berhampur and local Inspector of Endowments. Thirty days notice of the public auction should be given by advertisement by beat of drums in the locality as well as by publication in any daily Oriya News paper like Dharitri, Samaj, Sambad, Samay etc. or English daily like Times of India etc. having wide circulation in the locality. Learned Commissioner further directed that, if necessary, the Deity during public auction in order to maintain law and order situation may take help of the local police. Further, detail directions were also issued in the order under Annexure - 6. The Trustee challenging the order under Annexure - 6 with regard to fixation of upset price moved the Minister of Law in Revision No.5 of 2019. The Minister of Law, vide order dated 4th September, 2019 (Annexure - 7), disposed of the Revision by reducing the upset price from Rs.14,00,000/- (Rupees fourteen lakhs) to Rs.2,28,000/- (Rupees two lakhs Twenty - Eight thousand) per acre. Accordingly, auction notice was published and Opposite Party No.4 being the successful bidder purchased the land in question by virtue of registered sale deed dated 27th May, 2020.
3.1 Mr. Mantry, learned counsel for the Petitioners further submits that the entire auction process is vitiated for noncompliance of provisions under R.4(2) of the Orissa Hindu Religious Endowments Rules, 1959 (for brevity 'the Rules'). It is his submission that the notice was not given due publication as provided under R.4(2) of the Rules. He, therefore, submits that the entire auction process and consequential sale deed become void. He also assails the order of the Minister of Law on the ground that reduction of the upset price was illegal, as it is prejudicial to the interest of the Deity, which is a perpetual minor. It is further submitted that the entire auction process was undertaken during pandemic of Covid - 19 when there was restriction in movement and lockdown. He, therefore, prays for setting aside the entire auction process pursuant to the direction of the learned Commissioner of Endowments in O.A. No. 198 of 2016 and for a direction to set aside the orders under Annexures 6, 7, 8, 12 as well as sale deed executed under Annexure - 13.
4. Ms. Mahapatra, learned counsel for the Opposite Party No.3 - Trustee, submits that the auction was held following due procedure of law. The auction was con
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.