Disposed¶39

Tofan Bhoi v. Collector Puri

Orissa HC6 Apr 2026WP(C)/24163/2025

Case brief

AI extract

What is this about?

Collector and District Magistrate Puri inaction; Commissioner of Endowments Odisha requisition 18.07.2011 and fresh requisition Order No.1118/J.E.C. 04.02.2025 Annexure-5; O.A. No.51 of 2007 Section 25 OHRE Act eviction unauthorized occupants Opposite Party Nos.3-4; Deity Shree Saleswar Deb Bije Salajanga; W.P.(C) No.5210 of 2024 disposal 04.04.2024; unconditional apology personal appearance dispensed disciplinary proceedings; delivery of possession note; writ petition disposed of as infructuous.

What did the court decide?

No new relief granted by this order; the writ petition was disposed of as infructuous because the relief sought had already been granted. ¶39

Tofan Bhoi Vs Collector Puri — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No new relief granted by this order; the writ petition was disposed of as infructuous because the relief sought had already been granted.

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Issue for consideration

Whether the Collector and District Magistrate, Puri failed to comply with the fresh requisition dated 4th February, 2025 issued by the Commissioner of Endowments pursuant to the order in O.A. No.51 of 2007 (Section 25, OHRE Act), such that judicial intervention was required.

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Court's answer

Since the relief sought in the writ petition (implementation of the requisition dated 4th February, 2025 / delivery of possession pursuant thereto) had already been granted, no further order was required, and the writ petition stands disposed of as infructuous.

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Detailed headnote1 paragraphs

High Court of Orissa, Cuttack (W.P.(C) No. 24163 of 2025, order dated 06.04.2026; bench: K.R. Mohapatra and S.K. Mishra, JJ.) — Petitioner Tofan Bhoi, a Hindu public of Village Salajanga, alleged inaction of the Collector and District Magistrate, Puri in complying with requisitions dated 18.07.2011 and 04.02.2025 issued by the Commissioner of Endowments pursuant to the order in O.A. No.51 of 2007 under Section 25 of the Odisha Hindu Religious Endowments Act, 1951, for implementation of the eviction of unauthorized occupants (Opposite Party Nos. 3 and 4) from the Deity Shree Saleswar Deb's land. After W.P.(C) No.5210 of 2024 was disposed of with liberty to seek redressal, a fresh requisition (Order No.1118/J.E.C., Annexure-5) dated 04.02.2025 likewise drew no action. On repeated Court directions going unanswered, the Collector personally appeared, tendered unconditional apology for not instructing the Advocate General's office, disciplinary proceedings were stated to have been initiated against the erring officer(s), and his personal appearance was dispensed with. Counsel reported that steps had since been taken pursuant to the 04.02.2025 requisition and delivery of possession effected; the Court held that the relief sought having been granted, no further order was required, and disposed of the writ petition as infructuous.

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Apr-2026 12:11:37

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 24163 OF 2025

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Tofan Bhoi

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…. Petitioner

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Mr. Suryasnath Mohapatra, Advocate

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-versus-

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Collector, Puri and others

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…. Opp. Parties

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Mr. Bibekananda Nayak, Additional Government Advocate (For Opp. Party No.1)

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Mr. Lalit Kumar Maharana, Advocate (For Commissioner of Endowments)

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CORAM:

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JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

06.04.2026

1. This matter is taken up through hybrid mode.

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Pursuant to the direction of this Court dated 10^th March, 2026, Mr. Dibya Jyoti Parida, the Collector and District Magistrate, Puri is present in Court.

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2.1 . He begged for unconditional apology for not imparting instruction to the office of the Advocate General in spite of repeated directions of this Court. He also submitted that disciplinary proceedings have been initiated against the Officer(s), for not responding to the communications from the office of the Advocate General to assist the Court for adjudication of the writ petition.

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Page 1 of 4

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Apr-2026 12:11:37

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Accepting the unconditional apology tendered by Mr. Parida, the Collector and District Magistrate, Puri, his personal appearance is dispensed with.

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This writ petition has been filed alleging inaction on the part of the Collector and District Magistrate, Puri in complying with the requisitions made by learned Commissioner of Endowments, Odisha, Bhubaneswar dated 18^th July, 2011 and 4^th February, 2025 pursuant to the order passed in O.A. No.51 of 2007 in a proceeding under Section 25 of the Odisha Hindu Religious Endowments Act, 1951 (for brevity ‘the OHRE Act’).

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Mr. Mohapatra, learned counsel submits that the Petitioner is a Hindu public of Village Salajanga. A proceeding under Section 25 of the OHRE Act in O.A. No.51 of 2007 was initiated by the then Managing Trustee of the Deity, namely, Shree Saleswar Deb, Bije Salajanga in the district of Puri. Considering the grievance of the then Managing Trustee of the Deity, learned Commissioner of Endowments, vide order dated 18^th July, 2011, directed eviction of the unauthorized occupants, namely, Opposite Party Nos.3 and 4. A requisition was also made to the Collector and District Magistrate, Puri pursuant to the said order. But, it was not given effect to.

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5.1. Due to inaction on the part of the Collector and District Magistrate, Puri in implementing the order passed in O.A. No.51 of 2007, the Petitioner approached this Court in W.P.(C) No.5210 of 2024, which was disposed of vide order dated 4^th April, 2024, with a liberty to the Petitioner to approach learned Commissioner of Endowments for redressal of his grievance in seeking

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Page 2 of 4

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Apr-2026 12:11:37

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appropriate relief. Accordingly, the Petitioner filed an application before learned Commissioner of Endowments to issue fresh requisition to the Collector and District Magistrate, Puri for delivery of possession of the land of the Deity.

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5.2 . Considering the said application, learned Commissioner of Endowments vide his Order No.1118/J.E.C. dated 4^th February, 2025 (Annexure-5), issued a fresh requisition to the Collector, Puri for implementation of the order passed in O.A. No.51 of 2007. In spite of the issuance of fresh requisition, the Collector, Puri did not take any action on the same, for which this writ petition has been filed.

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This Court, upon hearing learned counsel for the parties vide order dated 24^th December, 2025, directed learned State Counsel, to take instruction from the Collector and District Magistrate, Puri with regard to the steps taken pursuant to the requisition made by learned Commissioner of Endowments on 4^th February, 2025. In spite of repeated directions, the Collector, Puri did not impart any instruction to the office of the Advocate General, for which this Court, vide order dated 10^th March, 2026 directed personal appearance of the Collector, Puri.

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In course of hearing, Mr. Mohapatra, learned counsel for the Petitioner submits that in the meantime, the Collector and District Magistrate, Puri took steps pursuant to the requisition dated 4^th February, 2025 (Annexure-5) and issued note of delivery of possession. He, therefore, submits that no further order is required to be passed in this case.

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Page 3 of 4

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Apr-2026 12:11:37

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