High CourtsDivision Bench(2023) 03 OHC CK 0197

Sri Laxmi Narayan Mahapravu @ Kasturi Das Math And Others vs Commissioner Of Endowments And Another

Orissa High Court · Decided on 28 March 2023

HON’BLE JUDGES
Arindam Sinha, J · S. K. Mishra, J
CASE NUMBER
Writ Petition (C) No. 25541 Of 2021

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Judgment

7 paragraphs · 324 words
1.

Mr. Mantry, learned advocate appears on behalf of petitioners and draws attention to earlier order dated 10th March, 2023.

2.

On perusal of said order we enquired of Ms. Naidu, learned advocate appearing on behalf of the Commissioner. She hands up documents being order dated 18th October, 2021 issued by the Commissioner, report dated 15th March, 2023 issued by Divisional Inspector of Endowments and communication dated 20th March, 2023 made by the Commissioner to learned advocate.

3.

The writ petition was presented on 24th August, 2021. Pursuant thereto said order dated 18th October, 2021 was issued by the Commissioner, on the hereditary trustee, since deceased, inter alia, directing him to give the shop rooms on rent through public auction. The Divisional Inspector of Endowments by said report dated 15th March, 2023 said, eight shop rooms were dealt with for total of Rs.60 lakhs. Amount received by the hereditary trustee was Rs.38 lakhs and balance of Rs.22 lakhs are still to be paid by the shop keepers. Mr. Dasmohapatra, learned advocate appears and submits, he is representing the successor of deceased hereditary trustee. He submits, only Rs.6 lakhs is due in respect of the shop rooms dealt with.

4.

A counter was filed by deceased opposite party no.4. We direct Mr. Dasmohapatra to serve copy of the counter filed by deceased opposite party no.4, to Ms. Naidu.

5.

For purpose of adjudication and keeping in mind that succeeding hereditary trustee has not yet been appointed by the Commissioner, we add Kasiram Das, earlier known as Bhaskar Panigrahi, at Hanuman Bazar, Berhampur, P.O. Berhampur City, Dist. Ganjam, Pin-760002 as added opposite party. Mr. Mantry is directed to circulate consolidated cause title. Parties are to come ready and assist Court on direction being made regarding money collected and yet to be received in respect of dealing with the shop rooms. Added opposite party will file accounts on adjourned date.

6.

List on 18th April, 2023.

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