IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15970 of 2026 CNR No. ODHC010297612026 Benudhar Parida …. Petitioner Represented by Adv.– Mr. Suresh Kumar Choudhury, Advocate -Versus- Dadhibaman Deb and others …. Opposite Parties Represented by Adv.- Ms. Pratyusha Naidu, Advocate for Commissioner of Endowments (Opposite Parties 25 and 26) CORAM: HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 28.08.2026 (Hybrid mode) 02. 1. The matter is listed for “Fresh Admission”, but with the consent of the learned counsel for both the parties and without issue of notice to the opposite party nos.1 to 24, the matter is disposed of finally. 2. The writ petition has been filed by the petitioner with the following prayer(s): “It is, therefore, prayed that your Lordship’s may graciously be pleased to issue notice to the opposite parties to show cause and if the opposite parties fail to show any cause or show insufficient cause the writ petition be allowed by quashing the impugned orders dated 04.07.2023 passed by the learned Commissioner of Endowments, Odisha, Bhubaneswar transferring the F.A.17 / 2015 under Section 44 of the Odisha Hindu Religious Endowment Act, 1951 to the Court of the Deputy Commissioner of Endowments, Odisha, Bhubaneswar. And further quash the impugned order dated 16.03.2026 passed by the learned Deputy Commissioner of Endowments, Odisha, Bhubaneswar. And may pass any other order /orders, direction/ directions as deemed fit and proper under the circumstances. And for this act of your Lordships' kindness, the Petitioners shall, as in duty bound, ever pray.” 3. It is submitted by Sri Suresh Kumar Choudhury, learned Advocate for the petitioner that while transferring the case record i.e. F.A. No.17 of 2015 to the Court of the Deputy Commissioner of Endowments, Odisha, Bhubaneswar for hearing, the Commissioner of Endowments, Odisha, Bhubaneswar should have ensured that the cross-appeal/cross- objection are also transferred along with the said case for analogous hearing and disposal. 4. Ms. Pratyusha Naidu, learned Advocate appearing for the Commissioner of Endowments (opposite party nos.25 and 26) drew our attention to the order dated 05.12.2023 passed by the Deputy Commissioner of Endowments, Odisha, Bhubaneswar to contend that though the cross-appeal in the shape of cross-objection was filed way back on 26.10.2015, the petitioner has not taken any effective steps to make it ready for hearing along with the First Appeal which is transferred to the Deputy Commissioner of Endowments, Odisha, Bhubaneswar. 5. On perusal of order dated 05.12.2023 passed by the Deputy Commissioner of Endowments, Odisha, Bhubaneswar, it is revealed that: “Advocate for the parties contesting this appeal are present and file hazira. The case record is put up today for hearing of the petition dated 17.05.2018 and 24.07.2018. At this stage, the learned counsel for the respondents No. 4 to 12 files a memo stating that cross-appeal in shape of cross-objection was filed on 26.10.2015 behalf of the respondent No. 4 to 12 and the same has not yet been considered. It is prayed to consider the same. Page 3 of 4 After hearing the learned counsel, this court perused the case record and found cross-objection on behalf of respondent No. 4 to 12 dated 26.10.2015 is available and the same has not been dealt in the entire order sheet. In the above stated circumstances, it would be appropriate to direct the office to make an office note in respect of cross-appeal. Thereafter, necessary orders will be passed. Put up on 18.12.2023 for the said purpose.” 6. It emerges from aforesaid order that the cross-appeal/cross-objection of the respondent no.4 (the present petitioner), respondent Nos.5 to 11 (opposite party Nos.18 to 24 herein) and respondent No.12-Nilakantha Parida have already taken note of by the Office of the Deputy Commissioner of Endowments, Odisha, Bhubaneswar and the same can be taken up for hearing along with the First Appeal bearing No.17 of 2015 which is transferred by the learned Commissioner of Endowments. 7. It is submitted by Ms. Pratyusha Naidu, learned counsel appearing for the Commissioner of Endowments that since the First Appeal is now posted for hearing before the Deputy Commissioner of Endowments, Odisha, Bhubaneswar on 07.09.2026 for hearing, the petitioner may be directed to appear before the Appellate Court on the said date in connection with the hearing of the First Appeal filed by the opposite parties as well as the cross-appeal/cross-objection filed by the petitioner. 8. Having regard to the contentions and submissions of the counsel for the respective parties and upon perusal of the record it is perceived that interest of justice would be best sub-served by directing the learned Deputy Commissioner of Endowments, Odisha, Bhubaneswar to take up the First Appeal bearing F.A. No.17 of 2015 along with the cross-appeal/cross-objection, which is stated to have been filed on 26.10.2015, and after hearing the parties in the said First Appeal as well as the cross-appeal/cross objection, shall pass appropriate orders independently in both. 9. 9. It is clarified that in the event any of the records are available with the Commissioner of Endowments, Odisha, Bhubaneswar, for transfer, necessary steps shall be taken to transmit the same in order to facilitate the learned Deputy Commissioner of Endowments, Odisha, Bhubaneswar to proceed with the hearing of the First Appeal and cross-appeal/cross-objection. Endeavour shall be made by the Deputy Commissioner of Endowments to conclude the proceeding as early as possible. 10. With the aforesaid observations and directions, the writ petition is disposed of. As a consequent thereof, pending Interlocutory Application(s) shall stand disposed of. (Manash Ranjan Pathak) Judge (M.S. Raman) Judge Aswini SETHY Designation: Personal Assistant (Secretary in-charge) COURT, CUTTACK Signature Not Verified