Disposed

Sujata Das v. State of Odisha

Orissa HC15 Oct 2020WP(C)/3768/2019

Case brief

AI extract

What is this about?

Petitioner sought direction to allow death rituals on private plot claimed as land of Gopinath Jew. Court held it belonged to Achyutananda Gadi. Ordered preliminary enquiry by Collector to verify title within four months before petitioner approaches civil court.

What did the court decide?

Direction to Collector, Cuttack to conduct preliminary enquiry on property title and communicate findings to petitioner within four months.

Sujata Das Vs State of Odisha — Writ and Judicial Review | Orissa HC (2020)

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W.P.(C) No.3768 of 2019

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15.10.2020 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Due to technical snag, heard Mr.Niranjan Lenka over phone and Mr.Amiya Kumar Mishra, learned Additional Government Advocate through video conference. 3. This writ petition has been filed for a direction to the opposite parties 3 to 5, Sub-Collector, Cuttack, Tahasildar, Nischintakoili and Officer-in-charge, Nemala Police Station respectively to allow the petitioner and her family members to perform death rituals of their family members over plot No.831 under Khata No.248 of village Nemala in the district of Cuttack.

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Mr.Lenka, learned counsel for the petitioner submits that the aforesaid plot of land is a private property of the family of the petitioner, but the Sub-Collector, Cuttack (OP No.3), who is the Managing Trustee of Gopinath Jew, which includes Achyutananda Gadi along with the some of the villagers are not allowing them to perform death rituals of her family members over the aforesaid plot of land.

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In course of hearing, Mr.Lenka prays for liberty to file comprehensive representation before the Collector, Cuttack (OP No.2), who may be directed to conduct an enquiry and issue necessary direction to the Sub-Collector, Cuttack (OP No.3) to allow the petitioner to perform death rituals of her family members over the aforesaid plot of land.

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Mr.Mishra, learned AGA, on the other hand, referring to Annexure-1 (ROR) submits that the property in question belongs to Achyutananda Gadi. If the petitioner

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claims the same to be her private property, she should approach the authority under the Odisha Hindu Religious Endowments Act, 1951 for redressal of her grievance. The Collector, Cuttack is not competent to take up the matter and pass necessary orders.

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Taking in to consideration the submissions of learned counsel for the parties, this Court is of the considered view the Collector, Cuttack (OP No.2), if moved in that respect, should conduct a preliminary enquiry with regard to Record of Right in respect of the suit property. 7.1 Accordingly, the writ petition is disposed of with a direction that in the event the petitioners files a comprehensive representation before the opposite party No.2-Collector, Cuttack, he shall do well to conduct a preliminary enquiry either by himself or by any competent officer authorized by him and verify the records to ascertain as to whether the property in question belongs to Achyutananda Gadi or not and communicate the same to the petitioner, as expeditiously as possible, preferably within a period of four months from the date of filing of such application along with an authenticated copy of this order downloaded from the website of this Court, which shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020. Thereafter, the petitioner will be at liberty to take shelter in proper court of law for redressal of her grievances, if any.

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K.R. Mohapatra, J.

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Sujata Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sujata Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

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