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Judgment
Mr. Palit, learned senior advocate appears on behalf of review applicants. He submits, his clients have good ground for review or modification of judgment dated 20th January, 2023. Drawing attention to the judgment he submits, it was one thing for this Court to quash subsequent letter dated 10th March, 2022, issued by the Government, superseding the Trust Board appointed by order dated 3rd March, 2022 but another to restore said appointed Trust Board. He submits, if there was irregularity in his clients being approved by the Government for being appointed, similar irregularity existed and exists in respect of those appointed under said earlier order dated 3rd March, 2022.
Mr. Bose, learned advocate appears on behalf of writ petitioners. He has not been called upon to answer as also Mr. Sharma, learned advocate, Additional Government Advocate appearing for State and Ms. Naidu, learned advocate for the Commissioner.
On pain of repetition this Court notes that letter dated 20th January, 2022 issued by the Government was in reference to Assistant Commissioner’s letter dated 17th June, 2020, being the proposal. By said letter, the Government approved the proposal and accordingly there was appointment order dated 3rd March, 2022. The appointment was for period of two years, made under section 27 in Odisha Hindu Religious Endowments Act, 1951. Subsequent thereto, the Government, by since set aside and quashed letter dated 10th March, 2022, sought to supersede its earlier approval. The set aside and quashed letter does not bear reference to any fresh proposal but, the one on which the Government had already acted by its aforesaid letter dated 20th January, 2022. As things stand, the Government modified its own stand and not the proposal of the Assistant Commissioner.
This was impermissible under section 27.
We do not find any ground of review. The application is dismissed.
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