Mahendra Panda Vs Sri Sri Gateswar Dev and Maa Parbati Thakurani Bije, Bianla, Puri — Orissa HC (2025) — LawSathi Research

Mahendra Panda Vs Sri Sri Gateswar Dev and Maa Parbati Thakurani Bije, Bianla, Puri — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Opposite Party No.2, Commissioner of Endowments, Odisha, Bhubaneswar, to pass appropriate order in accordance with law on the pending Section 9(2) OHRE Act application, within two weeks from receipt of a certified copy of the order; urgent certified copy to be granted on proper application.

Issue for consideration

Whether the Commissioner of Endowments, Odisha (Opposite Party No.2) should be directed to pass orders on the Petitioners' pending application under Section 9(2) of the OHRE Act, filed along with Revision Case No.3 of 2025 arising out of their eviction from the deity's land.

Court's answer

The Commissioner of Endowments, Odisha, Bhubaneswar (Opposite Party No.2) is directed to pass appropriate order, in accordance with law, in the pending petition under Section 9(2) of the OHRE Act, within two weeks from the date of receipt of a certified copy of this order.

Ratio / Principle

The writ petition is disposed of at the stage of admission without expressing any opinion on the contentions of the Petitioners.

Detailed headnote1 paragraphs

ORISSA HIGH COURT (Division Bench: B.P. Routray and Chittaranjan Dash, JJ.), order dated 29.04.2025 in W.P.(C) No.9895 of 2025 — Petitioners, stated to have ceased to be Sebayats, faced eviction from deity's land (Sri Sri Gateswar Dev and Maa Parbati Thakurani Bije, Bianla, Nimapara, Puri) under an order of the Asst. Commissioner of Endowment, Bhubaneswar. Their Revision Case No.3 of 2025 before the Commissioner of Endowment, Odisha was pending, along with an unadjudicated application under sub-section (2) of Section 9 of the OHRE Act filed therewith. Disposing of the writ petition at the admission stage without expressing any opinion on merits, the Court directed the Commissioner of Endowments, Odisha, Bhubaneswar (Opposite Party No.2) to pass appropriate order, in accordance with law, on the pending Section 9(2) OHRE Act petition within two weeks from receipt of a certified copy of the order.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9895 of 2025

Sri Mahendra Panda and another

…. Petitioners Mr. S.K. Choudhury, Advocate

-versus-

Sri Sri Gateswar Dev and Maa Parbati …. Opposite Parties Thakurani Bije, At-Bianla, PSNimapara, Dist.-Puri and others

Mr. A.K. Nath, Advocate for O.P. Nos.2 & 3

CORAM:

JUSTICE B. P. ROUTRAY JUSTICE CHITTARANJAN DASH

ORDER 29.04.2025

Order No.

Heard Mr. S.K. Choudhury, learned counsel for the Petitioners and Mr. A.K. Nath, learned counsel for the Opposite Parties 2 & 3.

The grievance of the Petitioners is that, they were directed for eviction from deity’s land, i.e. Sri Sri Gateswar Dev and Maa Parbati Thakurani Bije, At-Bianla, PS-Nimapara, Dist.-Puri. As per the allegations made against the Petitioners, they no more are the Sebayat of the deity and are ceased to that effect. However, against the order passed by the Asst. Commissioner of Endowment, Bhubaneswar, the Petitioners have preferred Revision Case No.3 of 2025, which is pending before the Commissioner of Endowment, Odisha. It is stated that an application under sub-section 2 of Section 9 of the OHRE Act

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Apr-2025 18:39:56

Page 1 of 2

along-with the revision petition have though been filed, but no order has been passed on the same till date.

Accordingly, we dispose of the writ petition at the stage of admission, without expressing any opinion on the contention of the Petitioners, with a direction to the Commissioner of Endowments, Odisha, Bhubaneswar (Opposite Party No.2) to pass appropriate order, in accordance with law, in the petition filed under Section 9(2) of OHRE Act pending disposal of the revision petition, within a period of two weeks from the date of receipt of a certified copy of this order.

An urgent certified copy of this order be granted on proper application.

(B.P. Routray)

Judge

(Chittaranjan Dash)

Judge

B.K. Barik

Signature Not Verified

Page 2 of 2

Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Apr-2025 18:39:56