Sachimani Paikray And Others vs State Of Odisha And Another

Mr. Choudhury, learned advocate appears on behalf of petitioners and submits, on requirement by the registering authority to produce ‘No Objection Certificate’, obtained from the Commissioner of Endowments, his clients applied for the same. By judgment dated 18th May, 2019, Court of the Commissioner of Endowments, Odisha, Bhubaneswar had found that private property of his clients’ was endowed in favour of the deity. In the circumstances, petitioners have impugned ‘No Objection Certificate’ dated 18th May, 2019, by which were imposed condition of making fixed deposit to be pledged in favour of the Commissioner and restrictions on dealing with the accruals. He refers to sections 1 and 19-A in Odisha Hindu Religious Endowments Act, 1951 to demonstrate that the Legislature mandated control thereby of public religious institutions.

He relies on view taken by a Division Bench of this Court in Gopal Chandra Ramanuj Das vs. State of Odisha and others, reported in 2021 (II) OLR- 947. He also relies on order dated 3rd March, 2020, made by another Division Bench of this Court in W.P.(C) no.29423 of 2019, petitioners’ own case with regard to another plot of land.

Ms. Naidu, learned advocate appears on behalf of the Commissioner. She will be heard on adjourned date.

List on 17th  November, 2022.

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