Suresh Kumar Mishra Vs the Collector Cum District Magistrate, Cuttack — Orissa HC (2026) — LawSathi Research

Suresh Kumar Mishra Vs the Collector Cum District Magistrate, Cuttack — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to raise the dispute regarding the right to perform the rituals before the Additional Assistant Commissioner of Endowments, Cuttack (O.P. No.5), in accordance with law; the writ petition itself was disposed of without ruling on the merits or setting aside the impugned order.

Issue for consideration

Whether the petitioners, claiming to be the real and rightful successors of late Gobinda Chanadra Mishra pursuant to Darbar Order No.305 dated 08.01.1937, should be permitted to perform the Chherapahanra ritual, garlanding and other rituals of Lord Jambeswar Mahadev, Radhadamodarpur during the Ashokastami Rukuna Rath Yatra, and whether the order of Opposite Party No.2 dated 04.04.2025 should be set aside.

Court's answer

Considering the nature of the petitioners' prayer and the scope of Section 41 of the Odisha Hindu Religious Endowments Act, 1951, the writ petition is disposed of, permitting the petitioners to raise their dispute before the Additional Assistant Commissioner of Endowments, Cuttack (O.P. No.5), in accordance with law.

Detailed headnote1 paragraphs

Orissa High Court, Cuttack (B.P. Routray, J.), WP(C) No.4242 of 2026, order dated 6.3.2026: Petitioners, claiming to be the real and rightful successors of late Gobinda Chanadra Mishra as per Darbar Order No.305 dated 08.01.1937 (Annexure-1) passed by the Raja & Ruling Chief of Darbar of Athagarh, prayed for a rule nisi/mandamus directing Opposite Parties Nos.1 and 2 to allow them to perform the Chherapahanra ritual, garlanding and other rituals of Lord Jambeswar Mahadev, Radhadamodarpur during the Ashokastami Rukuna Rath Yatra scheduled for 25/26.03.2026, and further prayed that the order of Opposite Party No.2 dated 04.04.2025, alleged to be illegal, an instance of non-application of mind and non-est, be set aside. Considering the nature of the prayer and the scope of Section 41 of the Odisha Hindu Religious Endowments Act, 1951, the Court disposed of the writ petition, permitting the petitioners to raise the dispute before the Additional Assistant Commissioner of Endowments, Cuttack (O.P. No.5), in accordance with law. No opinion was expressed on the merits of the succession claim, and the impugned order was left untouched.

Signature Not Verified

Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 06-Mar-2026 16:58:30

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.4242 of 2026

Suresh Kumar Mishra and Others

…. Petitioners

Mr. Lalitendu Mishra, Advocate -versus-

The Collector-cum-District Magistrate, Cuttack and Others

…. Opposite Parties

Mr. D. Nayak, AGA for O.P. No.1 & 2 Mr. A.P. Bose, counsel for O.P. No.3 Mr. L.K. Maharana, counsel for O.P. No.4 & 5

CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

6.3.2026

Order No.

Heard Mr. L. Mishra, learned counsel for the petitioners, Mr. D. Nayak, learned AGA for State – opposite parties 1 and 2, Mr. A.P. Bose, learned counsel for opposite party no.3 and Mr. L.K. Maharana, learned counsel for Endowment Commissioner (O.P. No.4 & 5).

The petitioners have prayed as follows:-

“It is therefore humbly prayed that, this Hon'ble Court that may graciously be pleased to issue RULE NISI calling upon the Opposite Parties as to show cause, as to why a writ in nature of Mandamus or any other appropriate nature of writ(s) shall not be issued against the Opposite Parties, more particularly Opposite Parties No. 1 and 2, directing them to allow the petitioners being the real & rightful successors of late Gobinda Chanadra Mishra as per the Darbar Order No.305 dated 08.01.1937 under Annexure-1 passed by Raja & Ruling Chief of Darbar of Athagarh to perform Chherapahanra ritual, Garlanding or other rituals of Lord

Signature Not Verified

Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 06-Mar-2026 16:58:30

Jambeswar Mahadev, Radhadamodarpur during Ashokastami Rukuna Rath Yatra, which is to be held on 25/26.03.2026 and in the event the Opposite Parties fails to show cause or insufficient cause shown by them, then this Hon'ble Court may kind enough to make the rule absolute.

And further be pleased to set aside the order passed by the 0pp. Party No.2 on dated 04.04.2025, which is illegal, non-application of mind and non-est in the eye of law.

And/or issue any other appropriate writ/writs, order/orders, direction/directions as deem fit and proper in the fitness of the case.”

Considering the nature of prayer of the petitioners and scope of Section 41 of the Odisha Hindu Religious Endowments Act, 1951, the writ petition is disposed of permitting the petitioners to raise the dispute before the Additional Assistant Commissioner of Endowments, Cuttack (O.P. No.5), in accordance with law.

( B.P. Routray) Judge

M.K.Panda

Page 2 of 2