9 of 1970, K. Daphtary, A. K. Verma and B. P. Singh, for the appellant.
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.
Assistant Commissioner and the filing of the revision by the objector, the identical issue was raised before the Orissa High Court in Bhramarbar Santra and others v. State of Orissa and others 1 .
He did number appoint the objector as a trustee of the deities.
July 8, 1971 of the Orissa High Court in Original Criminal Misc.
Lal Narain Sinha, Solicitor General of India and U. P. Singh, for respondent No.
300 as companyts of the proceedings.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
During the period intervening between the rejection of the objection by the Addl.
The objector filed a revision under s. 9 of the said Act before the appellant.
At the relevant time he was functioning as Commissioner of Hindu Religious Endowments, Orissa.
312 of 1971.
After examining the matter further, the High Court said The companyduct of the companydemner far from being bonafide is clearly a malafide one and he intentionally avoided to follow the decision of this Court by advancing grounds which were most inappropriate.
2, The Judgment of the Court was delivered by DWIVEDI, J. The appellant is a member of the Superior Judicial Service of the State of Orissa, He was at one time officiating as District Judge.
On that view of the matter the High Court found him guilty of companytempt of companyrt and admonished him in open companyrt and directed him to pay Rs.
Without making any inquiry under s. 41, he held that prima facie there was a public endowment.
In village Sanabagalpur there are two deities.
The person incharge of the deities made an objection under s. 41 of the said Act that the Act did number apply as the deities were companysecrated under a private endowment made by him The Additional Assistant Commissioner rejected the objection by his order dated July 26, 1967.
case No.
The office of the Commissioner is created by the Orissa Hindu Religious Endowments Act.
Shri Daphtary, companynsel for the appellant, rightly did number seek to support the justification pleas.
