Dwivedi, J. - (1.) The appellant is a member of the Superior Judicial Service of the State of Orissa, He was at 1972 B. Mishra v. B. Dixit (Dwivedi J.) [Prs. 1-7] S. C. 2467on time officiating as District Judge. At the relevant time he was functioning as Commissioner of Hindu Religious Endowments, Orissa. The office of the Commissioner is created by the Orissa Hindu Religious Endowments Act.
(2.) In village Sanabagalpur there are two deities. The Additional assistant Commissioner of Hindu Religious Endowments took action under S. 27 of the said act for appointing an interim trustee of the deities. The person incharge of the deities made an objection under S. 41 of the said Act that the Act did not apply as the deities were consecrated under a private endowment made by him. The Additional Assistant Commissioner rejected the objection by his order dated July 26, 1967. Without making any inquiry under S. 41, he held that prima facie there was a public endowment. He did not appoint the objector as a trustee of the deities. The objector filed a revision under S. 9 of the said Act before the appellant.
(3.) During the period intervening between the rejection of the objection by the Addl. Assistant Commissioner and the filing of the revision by the objector, the identical issue was raised before the Orissa High Court in Bhramarbar Santra v. State of Orissa, ILR 1970 Cut 54 . In that case the High Court held that the Asstt. Commissioner cannot appoint an interim trustee under S. 27 of the said Act until he has held an inquiry under S. 41 and has found that there was no hereditary trustee of the religious institution.;