IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 17584 of 2025 Shree Balunkeswar Deb Bije, Sisupalgada, Dhauli, Bhubaneswar, Khordha represented through its Marfatdars 1. Brundaban Panda 2. Basanta Kumar Panda 3. Gourahari Panda 4. Hemanta Kumar Panda 5. Sumanta Kumar Panda ….. Petitioners Mr. Jajati Kishore Mohanty, Advocate -versus- 1. State of Odisha represented through its Principal Secretary to Law, Government Odisha, Bhubaneswar 2. The Commissioner, Endowment, Odisha, Bhubaneswar 3. Addl. Asst. Commissioner of Endowments, Bhubaneswar 4. Sri Bhabanisankar Gajendra 5. Sri Chitrasen Patra 6. Sri Srikant Champati 7. Sri Amar Jena 8. Sri Sunil Kumar Sundaray 9. Sri Gagan Jena 10. Sri Hrusikesh Nayak 11. Sri Sibaram Gajendra 12. Tahasildar, Bhubaneswar 13. The Inspector-in-charge, Dhauli Police Station, Khurda ….. Opp. Parties Mr. Manmaya Kumar Dash, A.S.C. (for O.P. Nos. 1, 12 and 13) Ms. Pratyusha Naidu, Advocate (for Commissioner of Endowments) (O.P. Nos. 2 and 3) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER 21.08.2025 Order No. 03. 1. This matter is taken up through hybrid mode. 2. Petitioners in this writ petition seek to assail the order dated 31st December, 2024 (Annexure-11) issued by the Commissioner of Endowments, Odisha, Bhubaneswar in constituting an Interim Trust Board of the deity Shree Balunkeswar Deb Bije, Sisupalgada, under Dhauli Police Station in the district of Khurda (for brevity ‘the Deity’). 3. Mr. Jajati Kishore Mohanty, learned counsel for the Petitioners submits that the Petitioners are hereditary trustees of the Deity as would be evident from the record of right at Annexure-1. They are in charge of Sebapuja and Management of the Deity. At this juncture, the Assistant Commissioner of Endowments, Bhubaneswar took steps for formation of a Non-hereditary Trust Board of the Deity. The Sarpanch, Sisupalgarh also created disturbance in smooth management of the Deity and the temple by the Petitioners. Thus, the Petitioners apprehending law and order situation for the interference of Sarpanch, Sisupalgarh Gram Panchayat in the Management of the Deity filed representation on 2nd August, 2024 before the Commissioner of Endowments. A prayer was made in the representation that the persons who were in forcible possession and were collecting money from the shop rooms, should be prevented from doing so. Since no action was taken on the representation of the Petitioners, they filed W.P.(C) No. 24848 of 2024 which was disposed of on 5th October, 2024 with the following directions:- “It is, however, seen from Ext.5 that basing upon a petition dated 02.08.2024 filed by this Petitioners, learned Asst. Commissioner of Endowments, Bhubaneswar has issued a letter to the Inspector of Endowments, Bhubaneswar to cause an inquiry and submit a report at the earliest with further direction for suggesting names of suitable persons for formation of Non-hereditary Trust Board under Section 27 of Orissa Hindu Religious Endowments Act, 1951 (OHRE Act). Thus when it is found that action has been taken on the grievance of the Petitioners; we dispose of this writ petition with the observation that if the Petitioners further approach the learned Asst. Commissioner of Endowments, Bhubaneswar by filing an addendum to the Original Petition dated 02.08.2024, the learned Asst. Commissioner of Endowments, Bhubaneswar would do well to complete the exercise which he has already undertaken within six (6) weeks from that date and take action as per law keeping in view interest of the Deity as paramount consideration.” 4. Accordingly, the Petitioners filed a petition in addition to their representation dated 2nd August, 2024 before the Assistant Commissioner of Endowments, Bhubaneswar. While entertaining the application, the Assistant Commissioner of Endowments suggested for formation of an Interim Trust Board. Accordingly, the Commissioner of Endowments, Odisha, Bhubaneswar constituted the Interim Trust Board under Annexure-11 which is impugned herein. Page 4 of 5 5. It is submitted by Mr. Mohanty, learned counsel for the Petitioners that opportunity of hearing should have been provided to the Petitioners before formation of the Interim Trust Board in view of the ratio in Jasobanti Thakurani & Others vs. Commissioner of Endowments, Orissa & Another reported in (1991) 1 OLR 608. So the present writ petition has been filed to set aside such order. 6. Ms. Pratyusha Naidu, learned counsel for the Commissioner for Endowments submits that pursuant to the direction of this Court in W.P.(C) No. 24848 of 2024, the Assistant Commissioner of Endowments, Bhubaneswar proceeded with formation of the Non- hereditary Trust Board. As it would take some time for formation of the Non-hereditary Trust Board, the Assistant Commissioner suggested for formation of Interim Trust Board for Management of the Deity. The Assistant Commissioner while recommending for an Interim Trust Board in his order dated 8th November, 2024 (Annexure-10) directed that the Inspector of Endowment concerned shall see that the income of the Deity is not misappropriated by anybody. Sarpanch of Sisupalgarh Gram Panchayat was instructed to hand over the passbook of the accounts of the Deity and other relevant papers to the Inspector of Endowments concerned. Simultaneously, the tenants of the sub-rooms were directed to pay rent to the shops to the Inspector of Endowments concerned on proper acknowledgement. The Inspector of Endowments was further directed to report to the Office of the Assistant Commissioner about the management of the institution in writing in the first week of every month till formation of Interim Trust Board. 7. Thus, the Petitioners cannot have any grievance of formation of the Interim Trust Board which is for the better management of the religious institution. She further submits that the Petitioners have filed O.A. No. 17 of 2024 under Section 41 of the Orissa Hindu Religious Endowments Act, 1951. Thus, if the Petitioners have any grievance with regard to formation of the Interim Trust Board or opportunity of hearing before formation of the Interim Trust Board, they may, if so advised, file an application under Section 8(2) of the Act before the Assistant Commissioner of Endowments, Bhubaneswar for any interim arrangement. 8. Taking note of the submission made by the learned counsel for the parties, this Court is of the considered opinion that delving into the merit of the case of the Parties in the present writ petition may adversely affect interest of the parties in O.A. No. 17 of 2024 which is pending before the Assistant Commissioner of Endowments, Bhubaneswar. 9. Since an application under Section 41 of the Act is still pending before the Assistant Commissioner of Endowments, Bhubaneswar in respect of the Deity, the Petitioners are at liberty to move any application for interim arrangement for protection of their interest, if any, in respect of the Deity. 10. The Writ Petition is accordingly disposed of. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer