SHYAMSUNDAR SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) Order dated 25.09.2012 passed by the Additional Assistant Commissioner of Endowments, Cuttack constituting non-hereditary trust board in respect of Sri Jugal Kishore Jew at Badhei Sahi, Buxibazar, Cuttack has been assailed by the petitioners in both the writ petitions. The said order has been annexed as Annexure-4 in W.P.(C) No.20079 of 2012. Additionally the petitioner in W.P.(C) No.20079 of 2012 has also challenged the consequential order no.1625 dated 06.10.2012 of the Additional Assistant Commissioner of Endowments, Cuttack (Annexure-5) directing the petitioner-Damodar Sahoo to handover charge of movable and immovable properties of the religious institution to the nonhereditary trustees appointed by order under Annexure-4.

(2.) Admittedly, the properties of the deity, Jugal Kishore Thakur stands recorded in the name of the deity under the marfatdarship of several persons of Mansinghpatna, Seikh Bazar, Ranihat, Cantonment Road, Kukuriapada etc. of Cuttack Town vide R.O.R. under Annexure-1 series in W.P.(C) No.20079 of 2012. It is also the undisputed position that previously a proceeding under Section 64 of the Old Orissa Hindu Religious Endowments Act,1939 bearing O.A. No.30-C of 1945-46 was initiated by one Jugal Kishore Sahoo, one of the recorded marfatdars of the Institution wherein the Commissioner of Endowments passed order on 13.11.1945 declaring the institution as a 'temple' within the meaning of sub-section (13) of Section 6 of the Orissa Hindu Religious Endowments Act,1939 (in short the '1939' Act) in which the entire 'Teli' community of Cuttack is interested. This order has been annexed as Anenxure-6 to W.P.(C) No.4675 of 2013 as well as Annexure-A to the counter affidavit of opposite party nos.3 to 19. It is also an admitted position that subsequent to formation of the impugned non-hereditary trust board for the institution, petitioner no.2 in W.P.(C) No.20079 of 2012 has initiated a proceeding under Section 41 of the OHRE Act,1951 with prayer to declare the institution as 'Math' with hereditary trustee, which is still pending.

(3.) The contention of the petitioners in both the writ petitions is that Sri Jugal Kishore Thakur is the private family deity of Sahoo family and that the petitioners are the exclusive owners of the property recorded in the name of the deity and that they have been continuing in management since the time of their ancestors as hereditary trustees. There is however no assertion as to the manner of succession to the hereditary office of trusteeship.