On July 31, 1966.
of the said deity.
The Additional Assistant Endowments Commissioner did number, however, record any finding whether the respondents 1 to 3 were hereditary trustees or number.
On May 27, 1967, the appointed trustees filed a petition under section 68 of the Act for obtaining possession of the institution and its endowments from respondents 1 to 3.
On December 23, 1968 respondents 1 to 3 filed a petition under Articles 226 and 227 of the Constitution, being O.J.C. No.
It was alternatively claimed by the said respondents that even if the temple be held to be a public one they companyld number but be held to be hereditary trustees.
1759 of 1968, before the High Court of Judicature, Orissa, challenging the aforesaid orders dated May 2, 1967, July 22, 1968 and December S, 1968 and praying that the said orders be quashed.
1968 passed by the Assistant Endowments Commissioner directing delivery of possession of the institution and its properties to the number hereditary trustees under section 68 of the Act encroached upon the property rights of the respondents and were without jurisdiction and void having been passed without determining under section 41 of the Act as to whether the institution was a private or a public one and without further determining as to whether the respondents were hereditary trustees.
On December S, 1968, the aforesaid revision application filed by respondents 1 to 3 was dismissed by the Commissioner of Hindu Religious Endowments and the Inspector of Endowments was directed to execute the writ of delivery of possession.
After making a summary enquiry in the presence of the villagers including respondents 1 to 3, the Additional Assistant Commissioner of Religious Endowments passed an order on May 2.
on the said writ petition, it was companytended by respondents 1 to 3 that the aforesaid orders dated May 2, 1967 passed by the Additional Assistant Endowments Commissioner appointing number hereditary trustees of the institution under section 27 of the Act and order dated July 22.
Aggrieved by this order, respondents 1 to 3 preferred on May 15.
Appeal by special leave from the judgment and order dated the 19th September, 1969 of the Orissa High Court in J.C. No.
that marfatdars, respondents l to 3 herein, were mismanaging the affairs of the institution and were number regularly performing the seva and puja etc.
1967 a revision application under section 9 of the Act before the 1 Commissioner of Hindu Religious Endowments, Orissa, Bhubaneswar.
1759 of 1968 allowing the writ petition filed by respondents 1 to 3 herein and quashing the orders.
dated May 2, 1967, July 22, 1968, and December S, 1968, passed under sections 27 and 68 of the Orissa Hindu Religious Endowment Act 1951 Orissa Act II of 1952 hereinafter referred to as the Act.
128 of 1971.
1967, holding C that the institution was a public one and appointing five number hereditary trustees under section 27 of the Act.
On December 26, 1968, the Inspector of Endowments made a report saying that the writ had been executed and possession as directed had been delivered to the appointed trustees on December 11, 1968.
On November 10.
the said respondents were directed to submit returns as required under section 17 of the Act.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On November 4, 1966, a proclamation inviting objections regarding the suitability of persons suggested by the Inspector for appointment as number hereditary trustees was issued to which the aforesaid respondents objected claiming that the institution was a private one and even if it be held to be a public religious institution, they were the hereditary trustees.
temple was a public temple which had been recently companystructed by the villagers and marfatdars that the villagers of Bantala an marfatdars came from one family and the persons managing the institution did number receive numberice from him number showed him the accounts and suggesting the names of five persons for appointment as trustees.
1967, respondents 1 to 3 filed a petition under section 41 of the Act claiming that the institution was a private one.
On July 22, 1968, an order directing delivery of possession of the institution and its endowments to the appointed trustees was passed under section 68 of the Act by the Assistant Commissioner of Endowments, Orissa.
Ex parte for the respondents.
The Judgment of the Court was delivered by JASWANT SINGH, J. This appeal by special leave is directed against the judgment and order dated September 19, 1969, of the Orissa High Court in o.J.C. No.
Govind Das, for the appellants.
1759 of 1969.
On August 4, 1966, the Inspector of Endowments was directed to make an enquiry and to submit a report regarding the allegations made by the said villagers Pursuant to the said directions, the Inspector submitted his report on September 6, 1966, stating inter alia that the.
The said writ petition was companytested on behalf of the appellants on the grounds that the scheme of the Act showed that provisions of section 27 of the Act were independent that the exercise of the power under section 27 was subject to final decision m appropriate proceedings under section 41 of the Act and that it was erroneous to companytend that the provisions of section 27 companyld number be invoked without prior determination of the aforesaid questions under section 41 of the Act.
Briefly stated, the facts giving rise to this appeal are on June 23, 1966, about 40 villagers of village Bantala in Nayagarh Sub Division of Puri District filed an application before the Assistant Commissioner of Endowments Orissa, for appointment of numberhereditary trustees under section 27 of the Act of Shiva Temple known as Sri Lokenatheshwar Mahadev situate in the said village alleging that villagers from 11 villages worshipped and offered bhog to Lokenatheshwar Deb installed in the temple which is more than hundred years old and possessed about 24 acres of land endowed by The ancestors of the villagers that a new temple in place of the old one which was in a dilapidated companydition had been companystructed with the labour and money companytributed by the villagers.
