- (1.)THIS writ application has been filed under Articles 226 and 227 of the constitution of India for quashing the order of the Assistant Commissioner of endowments dated 18-7-1974 (Annexure-2) and the order of the commissioner of Endowments dated 6-2-1975 (Annexure-3) passed in revision confirming the aforesaid order of the Assistant Commissioner of Endowments.
(2.)THE petitioner's case is that his ancestor, Arta Dev Acharya, had constructed a temple and installed Shri Dadhibaman Jew therein in a part of his residential premises and had endowed 15 acres of his Bramhottar Inam lands to the deity. The said Arta Dev Acharya and his successors looked after the management of the institution of Shri Dadhibaman Jew and its endowed properties. Thus, Arta dev Acharya and after him his successors-in-interest constituted hereditary trustees of the said institution.
(3.)ONE of the co-sharers of the petitioner. Nilakantha Acharya, commenced a proceeding under Section 41 of the Orissa Hindu Religious Endowments Act (hereinafter referred to as the 'act') numbered as O. A. No. 104 of 1972 -before the Assistant Commissioner of Endowments for a declaration that the deity Shri dadhibaman Jew is a private deity or in the alternative, for a declaration that the petitioner and his co-sharers are hereditary trustees in respect of the said institution, as Opposite Parties 3 to 7 had moved the Assistant Commissioner (Opposite Party No. 2) for appointment of a non-hereditary trustee in respect thereof. Subsequently, he filed a petition under Order 23, Rule 1, Civil procedure Code for withdrawing the proceeding (O. A. No. 104/72) with permission to file a fresh one. This was allowed on 6-3-1974 (Annexure-1 ).