Adhikari Kashinath Das Vs State Of Odisha And Others

Orissa High Court 7 Feb 2024 Writ Petition (C) No.2285 Of 2024 (2024) 02 OHC CK 0053
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition (C) No.2285 Of 2024

Hon'ble Bench

D.Dash, J; G.Satapathy, J

Advocates

R. Mohanty, A.K. Mishra, P. Naidu

Final Decision

Disposed Of

Acts Referred
  • Constitution of India, 1950 - Article 226, 227
  • Odisha Hindu Religious Endowments Act, 1951 - Section 41

Judgement Text

Translate:

1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. The Petitioner by filing this writ petition has invoked the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India seeking

quashment of the Office Order of the Commissioner of Endowments, Odisha, Bhubaneswar as at Annexure-1.

3. Heard Mr. Ramakanta Mohanty, learned Senior Counsel for the petitioner, Mr. Amiya Kumar Mishra, learned Counsel for the Opposite Party No.7

and Ms. P. Naidu, learned counsel for the Commissioner of Endowments.

4. Considering the submissions made, we find that the petitioner’s limited grievance is that when the learned Commissioner of Endowments has

directed the Assistant Commissioner of Endowments, Bhubaneswar to dispose of the proceeding under Section 41 of the OHRE Act numbered as

OA No.24 of 2011 within a period of two months from the date of receipt of the order and the LCR; during this period of two months, the order under

Annexure-1 ought not to have been communicated.

It is stated from the side of the Opposite Party No.7 that in view of the dismissal of the stay petition filed before the learned Commissioner of

Endowments on 19.12.2023, the earlier order having automatically sprang into action, for being given effect to, the same has been rightly

communicated under Annexure-1 to the persons concerned to go ahead accordingly.

5. Considering the submissions made and on going through the averments taken in the writ petition as also the documents; we dispose of the writ

petition granting liberty to the Petitioner to file an application for any such interim arrangement of the affairs of te Institution before the authority in

seisin of OA No.24 of 2011 running under Section 41 of OHRE Act.

6. We observe that if such an application is filed, the same shall be considered on its own merit and disposed of in accordance with law without being

influenced by the earlier orders as expeditiously as possible.

7. Till disposal of the above application if so filed by Monday (12.02.2024), the status quo in respect of the management of the institution as its stand

today shall continue, which thereafter, would be guided as per the order passed on the said application for interim arrangement.

8. Issue urgent certified copy of this order as per Rules.

…………………………

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