Disposed¶33

Sibaram Mohanty v. State of Odisha

Orissa HC15 Jul 2025WP(C)/12368/2025

Case brief

AI extract

What is this about?

Orissa HC, W.P.(C) 12368/2025, disposed 15.07.2025; petitioner Sibaram Mohanty; removal of nominee Sri. Sunil Kumar Rath (Opp.5) and NHT Board formation for deity Sri/Sree Saleswar(dev) Bije, Salajanga, Puri; Memo No.6296 (A) 1562-P (M) dated 03.07.2025; affidavit of Assistant Commissioner of Endowments, Bhubaneswar; direction to constitute NHT Board at an early date; bench: K.R. Mohapatra & Savitri Ratho.

What did the court decide?

Direction to the learned Assistant Commissioner of Endowments, Odisha, Bhubaneswar to see that the NHT Board of Sri Saleswar Mahadev Bije at Salajanga in the district of Puri is constituted at an early date. ¶33

Sibaram Mohanty Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Opposite Parties should be commanded to remove Opposite Party No.5 from the charge of nominee of Opposite Party No.4 in the management of the deity Sree Sree Saleswardev Bije, Salajanga. +3 more

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Court's answer

This Court noted that the learned Assistant Commissioner of Endowments, Odisha, Bhubaneswar, vide Memo No.6296 (A) 1562-P (M) dated 3rd July, 2025, instructed that Opposite Party No.5 is no longer a nominee of the Inspector of Endowment to manage the affairs of the deity and further directed him not to interfere in the management of the institution.

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Ratio / Principle

Upon perusal of the affidavit, this Court found that steps have already been taken by the learned Assistant Commissioner of Endowments, Odisha, Bhubaneswar for formation of the NHT Board for Sri Saleswar Mahadev Bije at Salajanga in the district of Puri.

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Key takeaways

In view of the affidavit filed, this Court held that nothing remains to be adjudicated in this writ petition.ratio¶32
This Court disposed of the writ petition with a direction that the learned Assistant Commissioner of Endowments, Odisha, Bhubaneswar shall see that the NHT Board of Sri Saleswar Mahadev Bije at Salajanga in the district of Puri is constituted at an early date.ratio¶33

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.12368 of 2025, High Court of Orissa at Cuttack, order dated 15.07.2025; bench of Justice K.R. Mohapatra and Justice Savitri Ratho) filed by Sibaram Mohanty, described as a person interested and Hindu public, seeking (i) removal of Sri. Sunil Kumar Rath (Opposite Party No.5) from the charge of nominee in the management of the deity Sri Sri Saleswar Mahadev Bije at Salajanga, Puri district, (ii) debarring him from interference pending formation of a new Trust Board, and (iii) formation of the NHT Board, the Inspector of Endowment, Nimapada having allegedly appointed Rath as his nominee without authority while acting as Interim Trustee. Pursuant to the Court's interim direction of 08.07.2025, the learned Assistant Commissioner of Endowments, Odisha, Bhubaneswar filed an affidavit showing steps underway for formation of the NHT Board and, by Memo No.6296 (A) 1562-P (M) dated 03.07.2025, declaring Opposite Party No.5 no longer the Inspector's nominee and directing non-interference. Finding nothing left to adjudicate, the Court disposed of the petition with a direction to the Assistant Commissioner to ensure constitution of the NHT Board at an early date.

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Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 16-Jul-2025 14:13:07

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO.12368 OF 2025

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Sibaram Mohanty

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…. Petitioner

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Mr. Samir Kumar Mishra, Senior Advocate being assisted by Mr. Satyajit Paltasingh , Advocate

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-versus-

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State of Odisha and others …. Opp. Parties

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Mr. Sabita Ranjan Pattnaik, Additional Government Advocate (For Opp. Party No.1) Ms. Pratyusha Naidu, Advocate (For Opp. Party Nos.2, 3 & 4)

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CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO

ORDER

Order No.

15.07.2025

1. This matter is taken up through hybrid mode.

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Petitioner in this writ petition prays for the following relief:

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“ It is therefore, prayed that this Hon'ble Court may graciously be pleased to admit this writ application, issue notice to the Opposite Parties, calling upon them to show cause as to why;

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i. They shall not be commanded to remove the Opp. Party No.5 from the charge of nominee of opposite party no.4 in management of the deity Sree Sree Saleswardev Bije, Salajanga.

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ii. As to why pending formation of new Trust Board, the Opp. Party No.5 shall not be debarred from interfering with the management of the institution.

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iii. As to why they shall not be commanded to form new Trust Board of the deity Sree Sree Saleswardev Bije Salajanga forthwith within a specified period.

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iv. As to why the Opp. Parties shall not be commanded to keep the Inspector of Endowment, Nimapara in charge of the deity Sree Sree Saleswardev Bije Salaganga pending formation of Trust Board.

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Page 1 of 3

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Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 16-Jul-2025 14:13:07

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If the Opp. Parties fail to show cause or show insufficient cause the said Rule be made absolute;

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And for this act of kindness, the petitioner shall as in duty bound shall ever pray.”

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It is submitted by Mr. Mishra, learned Senior Advocate appearing for the Petitioner that the Inspector of Endowment, Nimapada was appointed as the Interim Trustee to manage the affairs of the deity Sri Sri Saleswar Mahadev Bije at Salajanga under the Nimapada Tahasil in the district of Puri. But, without any Authority, he appointed one Sri. Sunil Kumar Rath-Opposite Party No.5 as his nominee to act on his behalf. Such an authorization was per se illegal. Taking advantage of such authorization, Opposite Party No.5 started mismanaging the day to day affairs of the deity. Hence, the Petitioner being a person interested and Hindu public, has filed this writ petition seeking for the aforesaid relief.

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Considering the submission made by Mr. Mishra, learned Senior Advocate appearing for the Petitioner, this Court vide order dated 8^th July, 2025 directed learned Assistant Commissioner of Endowments, Bhubaneswar to file an affidavit with regard to the step taken for formation of the NHT Board.

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Ms. Naidu, learned counsel for learned Assistant Commissioner of Endowments, Odisha, Bhubaneswar files an affidavit in Court today, serving copy thereof on Mr. Satyajit Paltasingh, learned counsel for the Petitioner.

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Upon hearing learned counsel for the parties and on perusal of the affidavit, it appears that steps have already been taken by learned Assistant Commissioner of Endowments, Odisha, Bhubaneswar for formation of NHT Board for Sri Saleswar

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Page 2 of 3

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 16-Jul-2025 14:13:07

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Mahadev Bije at Salajanga in the district of Puri. Learned Assistant Commissioner of Endowments, Odisha, Bhubaneswar vide his Memo No.6296 (A) 1562-P (M) dated 3^rd July, 2025 also issued instruction that the Opposite Party No.5 is no longer a nominee of Inspector of Endowment to manage the affairs of the deity and further the Opposite Party No.5 was directed not to interfere in the management of the institution in question. Affidavit so filed is taken on record.

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In view of the affidavit filed, nothing remains to be adjudicated in this writ petition.

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Accordingly, this writ petition is disposed of with a direction that learned Assistant Commissioner of Endowments, Odisha, Bhubaneswar shall see that the NHT Board of Sri Saleswar Mahadev Bije at Salajanga in the district of Puri is constituted at an early date.

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(K.R. Mohapatra) Judge

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Rojalin

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(Savitri Ratho) Judge

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Page 3 of 3

Sibaram Mohanty v. State of Odisha

Case brief

What is this about?

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Sibaram Mohanty v. State of Odisha

Case brief

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