This is a Writ Petition challenging the requirement of Commissioner of Endowments permission for selling property dedicated to a private deity. The Division Bench relied on a cited judgment interpreting Section 19 of the Act and held that permission is necessary. The petition was dismissed.
The Writ Petition is dismissed.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16463 of 2021
Basanta Kumar Nayak and another …. Petitioners
Mr.Suresh Kumar Choudhury , Advocate.
-versus-
…. State of Odisha and another Opposite Parties
Mr. B.P.Tripathy, A.G.A.
(For O.P. No.1)
Miss P. Naidu, Advocate
(For O.P. No.2)
CORAM:
JUSTICE S.K.MISHRA
JUSTICE SAVITRI RATHO
ORDER
09.9.2021.
Order No.
Page 1 of 2
// 2 //
private deities and the Commissioner of Endowments add in holding that the Petitioner is required to take permission of the Commissioner. It is clear from the judgment cited by the Commissioner of Endowments in the case of Sri Antaryami Dash and others vs. State of Odisha and another ; 2016 (II) OLR 850 interpreting Section 19 or 19-A of the OHRE Act, 1951. The Division Bench of this Court has held that in the case of private deity in order to sale the property, the Petitioner has to take permission of the Commissioner of Endowments. So, we are of the opinion that there is no material irregularity committed by the Commissioner of Endowments while disposing of the application of sale of property.
( Savitri Ratho ) Judge
AKB
Page 2 of 2
1 issue framed by the court
Whether the Writ Petitioner is required to obtain permission from the Commissioner of Endowments prior to the sale of property dedicated to a private deity under the Odisha Hindu Religious Endowments
Colour shows how this judgement treated each authority
Sri Antaryami Dash and others vs. State of Odisha and anotherRelied on¶15
Sri Antaryami Dash and others vs. State of Odisha and another ; 2016 (II) OLR 850
2 provisions across 2 enactments
Basanta Kumar Nayak
State of Odisha
Commissioner of Endowments
S.K. Mishra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
