Dismissed

Khetra Mohan Mohanty v. Addl Asst Commissioner of Endowment,Cuttack

Orissa HC21 Jun 2016WP(C)/19859/2015

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging the appointment of non-hereditary trustees of a temple. The Appellate Commissioner held that statutory public notice requirements, including beat of drum, were duly published and no objections were received, thus validating the appointment.

What did the court decide?

Writ petition dismissed; impugned order upholding the appointment of trustees.

Heard learned counsel for the petitioner, learned Additional Government Advoca te and learned counsel for the Commissioner of Endowments. The petitioner in this writ application challenges the order of the Addl. Assi stant Commissioner of Endowments, Cuttack-O.P.1 dated 19.08.2015 in appointing non-hereditary trustees of Kanakadurga Thakurani Temple, Piteipur in the district of Jagatsinghpur in exercis ing the power under Section 27 of the Orissa Hindu Religious Endowments Act, 1951 without foll owing the procedures prescribed.

Learned counsel for the petitioner submits that the Trust Board was formed wit hout public notice to call for objection from the public and the procedures prescribed have no t been followed by the authority. He further submits that since the petitioner nor any of the trustees were given notice to remain present, the principle of natural justice has been grossl y violated, therefore, the impugned order is liable to be quashed. Learned counsel for the Commissioner of Endowments produced the records before this Court pursuant to the order of this Court dated 19.05.2016 passed in the connected writ petition, i.e. W.P.(C) No.7601 of 2016.

On perusal of the record, it revealed that on 16.05.2015 Addl. Asst. Commissio ner of Endowments, Cuttack had issued a direction to the Inspector of Endowments, Jagatsinghpu r enclosing a notice therein and directing the Inspector of Endowments, Jagatsinghpur to publi sh the same in the notice board of the institution and intimate the general public by beat of drum, inviting objection/suggestions if any on

the proposal from the publication concern within 30 days from the date of publication of the n otice. The drummer pronounced the notice by beat of drum on 20.05.2015 in the locality. Howeve r no objections were received from the general public within the stipulated period. Thereafter the Addl. Assistant Commissioner of Endowments, Cuttack constituted the Trust Board following the statutory provisions.

In view of the above, there is no illegality or infirmity committed by the Add l. Assistant Commissioner of Endowments, Cuttack-O.P.1 in constituting the Trust Board. Hence, this Court is not inclined to interfere with the same. The writ petition is accordingly dismissed. The records so produced be returne d to the learned counsel for the Commissioner of Endowments forthwith.

Khetra Mohan Mohanty v. Addl Asst Commissioner of Endowment,Cuttack

Case brief

What is this about?

What did the court decide?

Khetra Mohan Mohanty v. Addl Asst Commissioner of Endowment,Cuttack

Case brief

What is this about?

What did the court decide?

What the court decided

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