Amendment status not verified — confirm the current text below against the official source.
Permission to be granted with much care :– Powers of the Commis- sioner according permission for alienation of the lands belonging to a public religious endowment – explained – permission is to be granted with much care and caution. The Commissioner is to see and satisfy that the same is for the benefit of the reli- gious institution. 2008 (II) CLR193, 2008 (Suppl. II) OLR 709 (Uma Charan Jena Vs. State of Orissa and others) On an application U/s- 19 of the Act the Commissioner of Endowment is required to make an enquiry and will sanc- tion the transfer only if it is found to be necessary and beneficial to the institution. It is the satisfaction of the Commissioner as to the necessity and interest of the de- ity in justification of a transfer and not that of the trustee who merely files the application, as such the de-facto trustee as used in Rule-4 of the Orissa Hindu Religious Endowment Rules does not lead to a situation by which the de-facto trustee acquires and uncontrolled power which may be utilize against the interest of the deity in the matter of alienation of its prop- erties, 63 (1987) CLT 115 (Radhakrushna Dutta and others Vs. State of Orissa and Others) The period of limitation as pro- vided U/s- 19 (4) of the Act is 3 months from the date of receipt of the copy of the order in the case of a trustee and from the date of the publication of the order in the case of any person having interest in in- stitution, 63 (1987) CLT 115 (Radhakrushna Dutta and others Vs. State of Orissa and Others) The provision of Section 19 are to safeguard the interest of the deity and function of the sebayat or mahanta is that of a prudent owner who would not desire his property to be sold at a lesser price if higher price is available for the property. A fortiorari the Commissioner being the watch dog should not also desire the prop- erty belonging to the religious institution to be alienated for inadequate consider- ation, if there is a higher offer. The order of alienation being administrative in na- ture can be modified and altered for co- gent reason, 71 (1991) CLT 450 (Mahant Sri Pranab Kishore Bharati Vs. Commis- sioner of Endowment, Orissa and another)