This PIL regarding temple management at Maa Digabaruni Thakurani Bije was disposed of by directing the petitioner to file a comprehensive representation before the Commissioner of Endowments within two months of the order.
Direction to file fresh representation before Commissioner of Endowments to be decided within two months after hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No. 6429 of 2016
02. 04.05.2016 This writ petition has been filed in the nature of a P
ublic Interest Litigation. The petitioner is a resident of village Kanimul in the district of
Jagatsinghpur where the Maa Digabaruni Thakurani Bije is situated. The contention is that afte
r superseding the management committee of the temple on 07.09.2013, the Tahasildar-opposite pa
rty no.5 was appointed as a Fit person under Section 30 (3) of the Orissa Hindu Religious Endo
wments Act, 1951. It is submitted that appointment of a Fit person is normally to be a tempora
ry appointment till regular appointment is made either under Section 27 or Section 30 of the s
aid Act. The petitioner submits that for the preservation of the deity and ancient monuments,
constitution of a management committee is necessary, which is also the obligation of the oppos
ite party-authorities. With regard to such grievance, the petitioner has already filed a repre
sentation dated 23.08.2015 before the Endowment Commissioner, Odisha which has not yet been de
cided, although more than six months have been passed.
Having heard learned counsel for the petitioner as well as learned Addl. Govt.
Advocate for the State-opposite party and considering the facts and circumstances of this cas
e, this petition is disposed of with the direction that in case, with regard to the grievance
made in this petition, the petitioner files a fresh comprehensive representation before the op
posite party no.2-Commissioner of Endowments, Odisha along with a certified copy of this order
, the same shall be considered and decided by opposite party no.2 himself or by any other comp
etent authority duly authorized by him, in accordance with law by a reasoned and speaking orde
r after giving opportunity of hearing to the petitioner, as expeditiously as possible, prefera
bly within a period of two months from the date of filing of such representation.
Issue urgent certified copy as per Rules.
.......
( VINEET SARAN )
CHIEF JUSTICE
....
( Dr.B.R.Sarangi )
JUDGE
PKSahoo
-2-
2 issues framed by the court
Whether the petitioner must file a fresh representation before the Commissioner of Endowments for the grievance regarding temple management.
Whether a periodic time limit should be imposed for the decision of the representation on temple management.
3 provisions across 1 enactments
Resident of village Kanimul
State of Odisha
Tahasildar
Commissioner of Endowments, Odisha
VINEET SARAN
Dr.B.R.Sarangi
PKSahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court