Durga Prasad Das Vs the Commissioner of Endowment, Odisha, Bbsr

Petitioner, in this writ petition, seeks to assail the order dated 1^st July, 2024 (Annexure-6 series) passed by learned Commissioner of Endowments, Odisha, Bhubaneswar in O.A. No.149 of 2019, by which, one Bibhuti Kanta DasOpposite Party No.2, has been directed to be impleaded as a proforma Opposite Party.

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It is submitted by Mr. Mishra, learned Counsel for the Petitioner that although he seeks to challenge the legality of the order dated 1^st July, 2024, but a direction for an early disposal of O.A. No.149 of 2019, pending before learned Commissioner of Endowments, Odisha, Bhubaneswar under Section-30 of the Orissa Hindu Religious Endowments Act, 1951 (for brevity ‘the OHRE Act’) will be in the interest of

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justice. The O.A. is pending since, 2019, but the matter is being adjourned for filing of additional written statement by the Opposite Parties therein. The proceeding was delayed substantially due to filing of an application by said Bibhuti Kanta Das to be impleaded as a party to the proceeding. Said application was taken up on 1^st July, 2024. Although the learned Commissioner held that said Bibhuti Kanta Das is not a necessary party, but allowed him to be impleaded as a proforma Opposite Party. Thereafter, the matter is being adjourned by learned Commissioner liberally on the prayer of the Opposite Parties for filing of additional written statement by the Opposite Parties. Due to pendency of the proceeding under Section-30 of the Act, the Petitioner is seriously prejudiced as his right to be recognized as the next in line to fill up the vacancy of the office of Hereditary Trustee is yet to be decided. Hence, finding no other alternative, the Petitioner has filed this writ petition.

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Taking into consideration the submission made by Mr. Mishra, learned Counsel for the Petitioner, this Court directed Mr. Nath, learned Counsel for the Commissioner Endowments to take instruction with regard to the status of the proceeding under Section-30 of the Act. 5. Mr. Nath, learned Counsel, on instruction submits that the O.A. is still pending and endeavour is being made to dispose of the same (O.A. No.149 of 2019) within a period of six months hence.

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In that view of the matter, this Court, without delving into the merit of the order dated 1^st July, 2024 passed by

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learned Commissioner of Endowments in O.A. No.149 of 2019, disposes of this writ petition with a direction that endeavour shall be made by learned Commissioner of Endowments, Orissa, Bhubaneswar to dispose of the O.A. No.149 of 2019 as expeditiously as possible, preferably within a period of six (6) months from the date of production of the certified copy of this order. It is made clear that no liberal / long adjournment shall be granted to any of the parties.

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6.1 Since the matter is of the year 2019, learned Commissioner of Endowments, Orissa, Bhubaneswar is expected to prioritize the hearing of O.A. No.149 of 2019.

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(K.R. Mohapatra) Judge

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(Savitri Ratho) Judge

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Narayan

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Signature Not Verified

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Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 08-Jul-2025 18:15:02

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Durga Prasad Das v. the Commissioner of Endowment, Odisha, Bbsr

Case brief

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Durga Prasad Das v. the Commissioner of Endowment, Odisha, Bbsr

Case brief

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