IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 24540 OF 2024 Prabodhananda Das …. Petitioner Mr. Samir Kumar Mishra, Senior Advocate being assisted by Mr. Jagajiban Pradhan, Advocate -versus- Radhakanta Math Bije, Puri and others …. Opp. Parties Ms. Pratyusha Naidu, Advocate (For Commissioner of Endowments) Mr. Sanjay Kumar Das, Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 22.01.2026 12. 1. This matter is taken up through hybrid mode. 2. Petitioner in this writ petition seeks to assail the order dated 30th March, 2024 (Annexure-1) passed by the learned Commissioner of Endowments, Odisha, Bhubaneswar in OA No.110 of 2021 allowing the claim of the Opposite Party No.20- Sri Krushna Gopal Das and declaring him as the hereditary trustee and Mahanta of Shree Ramakanta Math Bije at Bali Sahi, Puri Town, Puri holding him to be the successor of late Mahanta Dhyanchandradas Goswamy. Counter affidavit has also been filed in this case. 3. Lengthy arguments have been made by learned counsel for the parties. It is claim of the Petitioner that Mahanta Dhyanchandradas Goswamy was the recognised Mahanta of Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 27-Jan-2026 12:25:01 Signature Not Verified Shree Ramakanta Math Bije at Bali Sahi, Puri Town, Puri. During his lifetime, he had executed his last unregistered Will in favour of the Petitioner recognizing him as his Chela. That being the last Will of late Mahanta, the same should have been accepted by learned Commissioner of Endowments, Odisha, Bhubaneswar. It is further submitted that although Mahanta Dhyanchandradas Goswamy had executed a registered Will in favour of Opposite Party-Sri Krushna Gopal Das @ Kamalesh Mishra in the year 2006, but the Will executed in favour of the Petitioner being the last one should have been accepted by the learned Commissioner. 4. Section 36 of the Odisha Hindu Religious Endowments Act, 1951 (for brevity, ‘OHRE Act’) deals with filling of vacancies in the office of the Trustee of a Math or specific Endowment attached to it. Sub-section (3) of Section 36 read as under. “36. Filling up of Vacancies.— xx xx xx (3) Nothing in this Section shall affect the right of any person aggrieved by the order of the Commissioner under Sub-Section (1) to establish his right of succession to the Office of the Trustee in a Court of law : Provided that such Court shall have no power to stay the operation of the order of the Commissioner pending disposal of the suit or other proceedings arising relation thereto.” 5. In view of the aforesaid provision, this Court, without expressing any opinion on the merit of the case of the Petitioner and veracity of the order impugned herein, disposes of the writ petition with an observation that the Petitioner, if so Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 27-Jan-2026 12:25:01 Signature Not Verified advised, may avail the remedy as provided under Section 36 (3) of the OHRE Act to establish that Will executed by Mahanta Dhyanchandradas Goswamy in his favour was a genuine one and he succeeded to Mahanta Dhyanchandradas Goswamy by virtue of the said Will. Issue urgent certified copy of the order on proper application. (K.R. Mohapatra) Judge s.s.satapathy (S.K. Mishra) Judge