Government of Orissa granted a lease on 17.9.1960 at Rs.1 as rent.
Thereafter there were various orders passed by the Department and ultimately Writ petition No.774 of 1979 was filed by the Society on 8.9.80.
On 27.5.78, the Society informed him that there was numberdeity, either Radha Krishan or Durga installed in the premises.
He also held that the Samithi drasticalloy amended the provisions of the Samithis companystitution, during the pendency of the case, in an attempt to take away the religious character of the institution.
During this period, an appeal Ext.
Accordingly the Society in question was registered on 21.1.1960 and the Government was moved for lease of this very land for religious purposes.
But so far as the remaining part of the leasehold land and the buildings thereon were companycerned, it was held that they were number part of the endowment.
There were two appeals FA No.17/84 and FA 20 of 1984 to the Deputy Commissioner, one by the Hindu Public and the other by the Society.
At that stage, on 30.9.78, the Governing Body is said to have amended the byelaws as per Ex.2A with the object of preventing the Endowment Department from interfering with the Society.
During 1969 1970, shop rooms were companystructed and in the same year temples for Hanuman, Radha Krishan, Durga etc.
The Society was declared as the hereditary trustee.
2 to 4, the Deities Sri Bhubaneswar, Sri Bhubaneswari and Sri Hanuman.
It is against the above orders of the High Court that the Hindu Public has filed Civil Appeal No.2546 of 1992 while the Society has filed Civil Appeals Nos.
Later on, at any rate from the year 1955, a companymittee was formed and these Pujas and festivals were being performed on government land lying opposite to the Market building.
On 29.10.78, the Societys Secretary wrote a letter to the Commissioner, HRE denying that the institution was a religious institution.
The said Advocate also figures as the 2nd appellant.
The Assistant Commissioner passed an order on 12.1.1979 appointing number hereditary trustees under section 27 of the Act.
Subsequently donations were received.
Later, at any rate from 1955, these religious festivals and pujas were shifted to an open place belonging to Government, opposite to the Market building.
The Deputy Commissioner, by order dated 30.12.1989, allowed the appeal of the Hindu Public and held that the temples as well as the remaining land and buildings were part of the endowment.
Appeals 88 and 89 of 1990.
In 1965, the Durga Mandap was companystructed.
Initially the lease was for 30 years but it was later extended for over a period of 90 years.
In that year, an informal Committee came into being.
In 1977, a part of the land was acquired for road widening but another piece of equal area was granted under a deed Exhibit 5 dated 8.11.1977.
Thereafter these functions were regularly going on year after year in the leasehold land.
A Division Bench companysisting of Wadsworth and Venkataramana Rao, JJ.
In 1965, companystruction of the Durga Mandap took place on the leasehold property.
Initially they were being companyducted by the members of the public of Bhubaneswar at Raj Mahal Chhat.
Thereafter, the Assistant Commissioner passed an elaborate order on 6.3.1981 declaring the temples in which the deities were installed, as a public temple.
The Society then filed O.A. No.49/79 under section 41 for stay of the order of the order passed under section 27.
The following are the facts In 1949, a group of persons started Durga Puja, Laxmi and Kali Puja and related festivals in Bhubaneshwar near the Raj Mahal Chhat.
According to the appellants, this Appeal to the public clinchingly proves that the entire leasehold land was intended to be and was used as a religious endowment.
On 28.5.1974 as per Ex.
On 2.8.1978, the Assistant Commissioner issued numberice Ext.25 directing the Endowments Inspector to inspect the premises and submit a report.
were companystructed.
For that purpose, it was decided to register a Society.
In 1973, it is said that a Puja Mandap was companystructed.
Donations were being companylected from the public, as is clear from Ext.
During 1969 70 shop rooms were companystructed.
The amendments were made with oblique motives.
He further pointed out that for the first time people professing Islam or Christanity were inducted as members during 1980 long after the numberices were issued by the Assistant Commissioner.
Against the said order of the Deputy Comissioner the Society filed two appeals namely Misc.
A, printed annual report for the years 1973 and 1974 was approved at the General Body Meeting.
The Society then applied to the Government of Orissa for grant of land for companyducting these pujas and religious festivals.
It is, however, in the evidence of one of the witnesses who was a Muslim Ext.
Civil Appeals Nos.2547 48 of 1992 have been filed by Rajdhani Puja Samithee hereinafter called the Society , on behalf of itself and also representing appellants number.
Donations were being received for the aforesaid purposes from public as is clear from Exhibit F. With a view to have a permanent place for these pujas, a group of persons from among the organisers of these festivals and pujas, formed into the Durga Puja Samithee and registered it as a Society on 21.1.1960 under the Societies Registration Act, 1860 Act 21 of 1860 with a Memorandum of Association which included cultural and other activities also besides religious activities.
A lease was granted on 17.9.1960 for 30 years later amended as for 90 years .
On 2.6.78, Deities of Sri Bhubaneswar and Bhubaneswari were installed in the companystructed temples 1 and 2.
The members of the Society were then 67.
Civil Appeal No.2546 of 1992 has been filed by the Hindu Public through their representative Sri K.C.Malla, Advocate Bhubaneshwar, Orissa.
That appeal refers to the religious activities right from 1949.
A part of the land was acquired for a road and an equal extent was granted by deed dated 8.11.1977.
That writ petition was disposed of by staying the order under section 27 and directing disposal of Societys application under section 41.
F was issued to the public to companytribute generously for the deities and the temples.
JAGANNADHA RAO,J. These three Civil appeals arise out of the same judgment of the High Court and can be disposed of together.
