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2025 DAILYLAW 73545 (ORI)

PRATIMA KHATRI v. COMMISSIONER OF ENDOWMENTS, ODISHA, BBSR

WP(C)/28628/2025 · 2025-10-15

K R Mohapatra, Miss Savitri Ratho

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No. 28628 of 2025 Pratima Khatri …. Petitioner Mr. Bhabani Sankar Tripathy, Senior Advocate being assisted by Mr. A. Sahoo, Advocate -versus- Commissioner of Endowments, Odisha, Bhubaneswar …. Opp. Party Mr. Amit Kumar Nath, Advocate (for Commissioner of Endowments) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER Order No. 15.10.2025 01. 1. This matter is taken up through hybrid mode. 2. Appearance memo of Mr. Bhabani Sankar Tripathy, learned Senior Counsel appearing on behalf of the Petitioner is filed in Court today. The same is taken on record. 3. Petitioner in this writ application seeks to assail judgment dated 7th October, 2021 (Annexure-3) passed by the learned Commissioner of Endowments, Odisha, Bhubaneswar in O.A. No. 234 of 2015 whereby an application filed by the Petitioner under Section 19-A of Orissa Hindu Religious Endowments Act, 1951 (for brevity “the Act”) has been dismissed. 4. Mr. Tripathy, learned Senior Counsel submits that interest of justice will be best served if the Petitioner files a fresh application under Section 19-A of the Act complying with the requirements under Rule 4-A of the Orissa Hindu Religious Endowment Rules, 2012. 5. Mr. Nath, learned counsel for the Commissioner of Endowments does not have any objection to the same. In view of the above, the Writ Petition is disposed of as withdrawn. 6. Hence, this writ petition is disposed of granting liberty to the petitioner to file a fresh application under Section 19-A of the Act within a period of two weeks hence as undertaken. In such event, learned Commissioner of Endowments shall do well to consider the said application on its own merit, providing opportunity of hearing to the parties concerned without being influenced by observations, if any, made in the impugned order dated 7th October, 2021 under Annexure-3. 7. We make it clear that we have not considered the merit of the case of the Petitioner. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer