IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 25541 of 2021 Sri Laxmi Narayan Mahapravu @ Kasturi Das Math represented through 1. Sachidananda Panigrahi 2. Bijaya Suar 3. Abhisekh Pradhan @ Aseem Abhisekh Pradhan ….. Petitioners Mr. Satyabadi Mantry, Advocate Vs. 1. Commissioner of Endowments, Odisha, Bhubaneswar 2. Deputy Commissioner of Endowments, Odisha, Bhubaneswar 3. Addl. Asst. Commissioner of Endowments, Berhampur, Ganjam 4. Mahanta Bhagaban Dash (dead) 5. Kasiram Das @ Bhaskar Panigrahi ….. Opposite Parties Ms. P. Naidu, Advocate (for Commissioner of Endowments) Mr. Rama Chandra Panigrahi, Advocate (for O.P. No.5) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO Order No. 10. ORDER 09.07.2025 1. This matter is taken up through hybrid mode. 2. Petitioners in this writ application seeks for the following relief. Page 2 of 5 “The petitioners, therefore, pray that the Hon’ble Court be pleased to issue Rule NISI calling upon the Opp. parties to show cause as to why the 8 shop rooms standing over deity’s land of Mouza-Madhabapur, Khata no.874, Plot No.595 measuring an area of A0. 1340 dec. as per Annexure-1 shall not be put to public auction and in case the Opp. parties do not show cause or show insufficient or wrong cause the Hon’ble Court be pleased to direct the Opp. parties particularly, the Opp. party No.l to put the 8 shop rooms standing over deity’s land in Annexure-1 into public auction by a writ of certiorari or any other appropriate writ or order in the facts and circumstances of the case; And for which act of kindness, the petitioners as in duty bound shall ever pray.” 3. Mr. Mantry, learned counsel for the petitioners submits that this Court vide order dated 14th February, 2025 directed the Opposite Party No.5 (the trustee) to take steps to hold auction of eight shop rooms in question in presence of the Additional Assistant Commissioner of Endowments, Berhampur and complete the entire exercise within a period of thirty days. However, Opposite Party No.5 filed IA No.3378 of 2025 to recall order dated 14th February, 2025 on the ground stated in the said IA. 4. Considering the rival contentions of the parties, this Court dismissed the IA vide order dated 9th May, 2025 clarifying as hereunder. “7. As it is well known that putting the shop rooms in auction is the fairest way and best policy for getting revenue, we see no infirmity in our earlier order directing to put those shop rooms in auction pending the Writ Petition. 8. We, further see some interest on part of Opposite Party No.5 allowing to retain the shop rooms to specific persons by way of rent. Had those shop rooms been put to public auction, a fair amount of money would be fetched. So, finding no merit in the contention of Opposite Party No.5, we reject his prayer to recall our order dated 14.02.2025 and accordingly, I.A. No.3378 of 2025 is dismissed. 9. We make it clear that vide order dated 14.02.2025, we had only directed for putting the shop rooms in auction, but not for handing over the possession.” 5. Mr. Mantry, learned counsel for the petitioners and Mr. Panigrahi, learned counsel for Opposite Party No.5 as well as Ms. Naidu, learned counsel representing the Additional Assistant Commissioner of Endowments, Berhampur submit that pursuant to the order dated 9th May, 2025, notice of auction was issued on 11th June, 2025 and auction has already been held on 30th June, 2025. The auction was successful in respect of four shop rooms in the ground floor but no bid was submitted in respect of four shop rooms in the first floor of said building. For better appreciation the proceeding of auction dated 30th June, 2025 held in presence of learned Additional Assistant Commissioner of Endowments, Berhampur, is reproduced hereunder. “Read: Order No.07 dtd: 14.02.2025 & Order No.09 dtd:09.05.2025 of the Hon'ble High Court of Orissa, Cuttack passed in W.P.(C) No.25541 of 2021. Proceedings of Auction: Dated:30.06.2025 As per the Order No.07 dtd: 14.02.2025 & Order No.09 dtd:09.05.2025 of the Hon'ble High Court of Orissa, Cuttack passed in W.P.(C) No.25541 of 2021 and Notice No.01 dtd: 11.06.2025 of the Kasturi Das Math, Berhampur, the auction for 8 (Eight) shop room (4 nos of room of Ground floor & 4nos of room of 1st floor) of Kasturi Das Math, have been conducted on dated:30.06.2025 in presence of Addl. Asst. Commissioner of Endowments, Berhampur at office of the Addl. Asst. Commissioner of Endowments, Berhampur, OSRTC, Campus, Bijipur, Berhampur, Ganjam. At 10.00 Am to 10.30 Am applications with Bank draft have been received from the bidders, total of 6 nos of application with Bank draft have been received. On scrutiny of the application & bank draft all 6 nos of bidders are submitted bank draft as security for Ground floor shop rooms only. No one submitted application nor participated in auction for 1" floor shop rooms. At 10.45 am auction for Ground floor shop have been started. The following persons are found to be highest bidders for Ground floor shop Room No.01 to 04.: 1. M. Upendra Rabi Kumar -Rs.16000/- Ground floor Room No.01 2. Sri Pradeep Kumar Satapathy - Rs.17000/- Ground floor Room No.02 3. Sri. Gouri Shankar Behera - Rs.14000/- Ground floor Room No.03 4. Sri. B. Laxman Rao - Rs.14000/- Ground floor Room No.04 The auction process has been completed at 11.10 Am. The unsuccessful bidder of two number named as Sri. Sonthosh Kumar Sahu & T.Heramba Sahu who have participated and submitted their draft for security deposit shall be returned within 5 days by the Mahanta with proper acknowledgement. Accordingly the Mahanta Sri Kashiram Das is instructed to carry out the Para 9 of Order No.09 dtd:09.05.2025 of the Hon'ble High Court of Orissa, Cuttack passed in W.P.(C) No.25541 of 2021 as said below: “We make it clear that vide Order dated 14.02.2025, we had only directed for putting the shop rooms in auction, but not for handing over the possession." Sd/- Addl. Asst. Commissioner of Endowments, Berhampur Sd/- 30/6/25 Mahanta Kashiram Das” 6. In view of the above, Mr. Mantry, learned counsel for the petitioners submits that nothing remains to be adjudicated in this writ petition as the prayer made in the writ petition is no more available to be considered. 7. Mr. Panigrahi, learned counsel for Opposite Party No.5 and Ms. Naidu, learned counsel for the Commissioner of Endowments, Odisha, Bhubaneswar, representing Additional Assistant Commissioner of Endowments, Berhampur do not have any objection to the same. 8. In that view of the matter, the writ petition has become academic and is accordingly, disposed of. All the interim applications are disposed of accordingly. 9. Ms. Naidu, learned counsel representing Additional Assistant Commissioner of Endowments, Berhampur submits that the possession of four shop rooms in respect of which the auction has become successful may be handed over to the trustee for necessary action. 10 We are not inclined to entertain such prayer made by Ms. Naidu, learned counsel representing Additional Assistant Commissioner of Endowments, Berhampur at this stage. The trustee (Opposite Party No.5) may take appropriate steps in accordance with law for taking over possession and handing over the same to the successful bidders. (K.R.Mohapatra) Judge (Savitri Ratho) Judge RKS