High CourtsDivision Bench(2023) 03 OHC CK 0014

Sri Sri Gouragopal Jew Bije Nijagruha vs State Of Odisha And Others

Orissa High Court · Decided on 1 March 2023

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · M.S.Raman, J
CASE NUMBER
Writ Appeal No. 1436 Of 2022

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Judgment

5 paragraphs · 192 words
1.

Mr. Nirod Kumar Sahu, learned counsel for the Appellant refers to 2nd proviso to Section 19-A of the Odisha Hindu Religious Endowments Act, 1951 (OHRE Act) and states that in the present case with the Appellant having approached the Commissioner with an application for grant of No Objection Certificate (NOC) way back on 19th February 2018, it should be deemed that the NOC was granted and on that basis the Sub-Registrar should have proceeded to accept the Draft Sale Deeds for registration.

2.

Issue notice. Since Mr. Debakanta Mohanty, learned Additional Government Advocate for the State accepts notice for Respondents 1 to 3, let required number of copies of the writ appeal be served on him within three working days. Let a copy of this appeal be served on Mr. Amit Kumar Nath, Advocate, who usually appears for the Commissioner of Endowments, Odisha-Respondent No.4 within three working days.

3.

Notice be issued to the remaining Respondents 5 to 9 by registered/speed post with A.D., making it returnable before the next date. Requisites be filed within three working days. Tracking report be placed on record.

4.

List on 30th August, 2023.

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