p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17433 OF 2025 Banamali Behera and Others …. Petitioners Mr. Subhransu Bhusan Mohanty, Advocate Mr. Jitendra Tiwari, Advocate -versus- State of Odisha and Others …. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel Ms. Pratyusha Naidu, Advocate (for Commissioner of Endowments) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 06.05.2026 07. 1. This matter is taken up through hybrid mode. 2. Petitioners, in this writ petition, pray for the following relief:- “It is, therefore, prayed that, this Hon’ble Court may graciously be pleased:- (i) To admit the writ application. (ii) To direct the Opposite Parties more particularly Commissioner of Endowments, Odisha, Bhubaneswar to accord approval to the letter of the Additional Assistant Commissioner of Endowments, Cuttack dated 21.02.2025 to depute Audit Team to conduct an audit about the financial discrepancies of the institution in question and further order be passed to frame a scheme of Trust Board as suggested by the Additional Commissioner of Endowments, Cuttack vide letter dated 21.02.2025 so as to check the pilferage of the funds of public religious institutions in view of Section 42 of the OHRE Act, 1951 and the movable and immovable properties of the Deity be protected from artificial ruination caused by the Hereditary Trustee. And may pass any other order(s)/direction(s) as deemed fit and proper in the interest of justice. p. 2 And for which act of kindness the Petitioners as in duty bound ever pray.” 3. The grievance of the Petitioners in this writ petition is with regard to inaction on the part of the Authority in settling the scheme under Section 42 of the Odisha Hindu Religious Endowments Act, 1951 (for brevity, ‘the Act’). 4. This Court taking note of the grievance of the Petitioners directed Ms. Naidu, learned counsel representing the Commissioner of Endowments to take instruction in the matter. 4.1. Today Ms. Naidu, learned counsel for the Commissioner of Endowments placed on record a copy of the Memo No.3732(19)/Judl(D.C.) dated 24th March, 2026 and enclosure thereto, which is taken on record. 4.2. Ms. Naidu, learned counsel for the Commissioner of Endowments further submits that the said notice has already been sent to the Petitioner No.1 and a copy of the same has already been shared with learned counsel for the Petitioners. 5. In the said Memo, it is indicated that in terms of Section 42(1)(b) of the Act, the Deputy Commissioner of Endowments is in seisin of the matter and is making an inquiry as required under law. The matter is next posted to 21st May, 2026 at 11 a.m. before the Deputy Commissioner of Endowments for inquiry. 6. In view of the above, this Court disposes of the writ petition with an observation that the Petitioners may participate in the inquiry and put forth their case for settling a scheme of the Deity- Shree Raghunath Jew bije Kochiakoli in the district of Balasore. It is made clear that this Court has not expressed any opinion on the merits of the case of either of the parties to the writ petition. p. 3 6.1. Learned Deputy Commissioner of Endowments, Odisha, Bhubaneswar shall also take appropriate steps for taking a decision in the matter of settlement of the scheme of the aforesaid Deity. (K.R. Mohapatra) Judge Himansu (S.K. Mishra) Judge