JUSTICE K.R. MOHAPATRA JUSTICE v. NARASINGH Order No. ORDER
Case Details
Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Nov-2024 17:43:22 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 13124 OF 2021 Mahant Sri Raj Gopal Ramanuj Das …. Petitioner Mr. G.N. Parida, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel (For Opp. Party Nos.1 & 2) Mr. Amit Kumar Nath, Advocate (For Commissioner of Endowment) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE V. NARASINGH Order No.
Decision
ORDER 07.11.2024 2. 1. This matter is taken up through hybrid mode. 2. The Petitioner in this writ petition seeks to assail the order dated 10th February, 2021 (Annexure-1) passed by the Commissioner of Endowments, Odisha, Bhubaneswar- Opposite Party No.3 (for brevity ‘the Commissioner’) appointing Mahant Narayan Ramanuja Das-Opposite Party No.6 as the Interim Managing Trustee of the religious institution. 3. It is submitted by Mr. Parida, learned counsel that the Petitioner is the Hereditary Trustee of the Emar Math, Kalikadebi Sahi, Puri. In a proceeding under Section 35 of the Odisha Hindu Religious Endowments Act, 1951 (for brevity ‘the Act’), the Petitioner was disqualified. The said Page 1 of 5 // 2 // Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Nov-2024 17:43:22 order was placed before the Government for according approval under Section 35(2) of the Act. However, the proposal was returned on the ground that the order of disqualification of the Hereditary Trustee of Emar Math, Puri has been passed without prior approval of the State Government. Assailing the order passed under Section 35(1) of the Act, the Petitioner has filed MFA No.1 of 2018, which is pending before this Court. Although the Petitioner brought the aforesaid facts to the notice of the Commissioner, but without considering the same, letter dated 23rd March, 2021 (Annexure-4) was issued to the Inspector of Endowments, Puri-II and Addl. Inspector of Endowments, Puri-I & Sakhigopal to enter upon the premises of the Math and make inventory of the properties and records in presence of local gentlemen by breaking open the locks of the doors, if necessary and hand over the same to the Interim Managing Trustee, namely, Mahant Narayana Ramanuja Das. 3.1 The Petitioner had also filed W.P.(C) No.33710 of 2020 before this Court assailing the judgment dated 31st March, 2018 passed by the Commissioner of Endowments, Odisha, Bhubaneswar in O.A. No.1 of 2011 under Section 35 of the Act. Since the order passed under Section 35(1) of the Act was sent back to learned Commissioner of Endowments, as stated above, the order disqualifying the Petitioner has been kept in abeyance. Considering the above, this Court disposed of the writ petition on 12th February, 2021 with an observation that the Petitioner may participate in the proceeding before the Commissioner of Endowments, Odisha, Bhubaneswar, which Page 2 of 5 // 3 // Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Nov-2024 17:43:22 shall be subject to approval from the Government. In the facts and circumstances narrated above, the appointment of the Interim Managing Trustee under Annexure-1 is neither justified nor sustainable and is liable to be dismissed. 4. Mr. Nath, learned counsel appearing for the Commissioner submits that since the order disqualifying the Petitioner as the Hereditary Trustee under Section 35 of the Act is pending before this Court in MFA No.1 of 2018, it is open to him to raise all such questions in the said proceeding. The Petitioner may also approach the Commissioner for redressal of his grievances, if any, with regard to continuance of the Interim Managing Trustee. Without adhering to the procedure prescribed under law, the Petitioner has approached this Court in this present writ petition, which is not maintainable. Two parallel proceedings for the same subject matter of dispute should not continue. Hence, he prays for dismissal of the writ petition. 5. Mr. Mishra, learned Additional Standing Counsel also reiterates the submission made by Mr. Nath, learned counsel for the Commissioner. 6. Taking into consideration the submissions made above and on perusal of the record, this Court finds that in a proceeding under Section 35 of the Act in O.A. No.1 of 2011, learned Commissioner of Endowments vide his judgment dated 31st March, 2018 disqualified the Petitioner as the Hereditary Trustee of the religious institution. Consequently, the order under Annexure-1 has been passed appointing Mahant Narayana Ramanuja Das as Interim Managing Trustee Page 3 of 5 // 4 // Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Nov-2024 17:43:22 of the said religious institution. Since the Petitioner did not handover the charge to the Interim Managing Trustee, letter under Annexure-4 was issued directing the Inspector of Endowments to do the needful and to handover the charge to the Interim Managing Trustee. 7. It is stated by Mr. Parida, learned counsel for the Petitioner that the order passed under Section 35(1) of the Act was placed before the Government for approval under Section 35(2) of the Act. But, it was returned on the ground that disqualification of the Hereditary Trustee of the religious institution was passed without prior approval of the State Government. A writ petition assailing the order passed under Section 35(1) of the Act in W.P.(C) No.33710 of 2020 was also filed, which was disposed of 12th February, 2021 directing the Petitioner to participate in the proceeding before learned Commissioner of Endowments, Odisha, Bhubaneswar, which shall be subject to the approval from the Government. At this juncture, this writ petition has been filed to set aside the order appointing the Interim Managing Trustee under Annexure-1. 8. In the meantime, the Petitioner has also filed MFA No.1 of 2018 assailing the order passed under Section 35 (1) of the Act, which is still pending. It appears from the order, uploaded in the website of the High Court of Orissa, that the MFA No.1 of 2018 was not pursued after 8th November, 2019. In the facts and circumstances stated above, this writ petition filed is misconceived in as much as the Petitioner has a remedy either to take part in the proceeding before the Page 4 of 5 // 5 // Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Nov-2024 17:43:22 Commissioner as directed by this Court in W.P.(C) No.33710 of 2020 or before this Court in MFA No.1 of 2018 for redressal of his grievances, if any. 9. As rightly pointed out by learned counsel for the Opposite Parties, the Petitioner without adhering to the procedure of law, more particularly, the observation made by this Court in W.P.(C) No.33710 of 2020, has filed this writ petition. By the time the order dated 12th February, 2021 was passed by this Court in W.P.(C) No.33710 of 2020, order under Annexure-1 appointing the Interim Managing Trustee of the religious institution had already been passed. Thus, it could have been brought to the notice of this Court at the time of adjudication of the writ petition, if the Petitioner was so aggrieved by the order under Annexure-1. In the facts and circumstances of the case, we are not inclined to interfere with the order under Annexure-1. 10. Accordingly, the writ petition being devoid of any merit stands dismissed. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (V. Narasingh) Judge Page 5 of 5 ms