SUMIT KUMAR BOSE Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ application has been filed seeking quashing of the order vide Annexure -5, by which the Commissioner of Hindu Religious Endowments rejected the application filed by the petitioners under section 19 -A of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as 'the Act).

(2.) THE petitioners claim to be the owners in possession of Ac. 0.919 dec of homestead land appertaining to Hal Plot No.2049 under Hal Khata No.1203/305 situated in Mouza -Unit No.13, Chandinichowk, Cuttack Town, which has been recorded in the name of the deity Sri Sri Gopal Thakur in the Record of Rights. It is further averred in the writ petition that originally the land was recorded in the name of the predecessor -in -interest of the petitioners in the Sabik Settlement Record and after their death the petitioners and others being their successors have partitioned their ancestral properties amongst them. The case land has been allotted to the share of the petitioners, who are in peaceful possession over the same. In the Hal Settlement Record, it has been recorded in the name of the deity nominally, which is their property of the family deity. On account of legal necessity and in order to dismantle their dilapidated residential house and raise a new construction as they required funds, they decided to transfer the case land. On fixing a purchaser, they approached the Office of the Sub -Registrar and they were informed that they are required to produce "No Objection Certificate" to be granted by the Commissioner of Endowments, Orissa in accordance with section 19 -A of the Act. Accordingly, they made an application before the Commissioner, which was registered as O.A. Case No.152 of 2008. Thereafter, the Commissioner caused an inquiry/inspection through the Inspector of Endowments, Cuttack as regards the status of the land and the Inspector accordingly conducted the said inquiry and submitted a report to the Commissioner of Endowments stating therein that no deity by the name of Sri Gopal Thakur exists in the locality in Chandinichowk. The report has been annexed as Annexure -4 to the writ petition. ]

(3.) MR . Choudhury, learned counsel for the petitioners submitted that this Court has already decided in the order passed in W.P.(C) No.16978 of 2008 that when there is no deity, a "No Objection Certificate" under section 19 -A of the Act could not be insisted for transferring the land. A copy of the said order has been produced before this Court. On perusal of the said order passed in W.P.(C) No.16978 of 2008 (Smt. Jhari Dei Vrs. Commissioner of Endowments), it is seen that the learned Single Judge of this Court after taking note of the provisions under section 19 -A of the Act concluded on the facts of the said case that as per the report of the Revenue Inspector, there was no deity in the concerned village and on that basis came to the conclusion that no deity was installed. So there is no question of "ceased to exist" of any religious institution and when there was no deity at all, the provision under section 19 -A of the Act could not be applicable to the facts of the said case and, therefore, no permission is necessary under the said section for sale of the land involved in the said writ application and registration thereof.