IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 3718 OF 2026 Sri Madanmohan Jew, Sri Jaganath Jew Trust Board, Chauliaganj, Cuttack …. Petitioner Mrs. Sujata Jena, Senior Advocate being assisted by Mr. Abhilash Mishra, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel Mr. Lalit Kumar Maharana, Advocate (for Commissioner of Endowments) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 23.04.2026 03. 1. This matter is taken up through hybrid mode. 2. Petitioner in this writ petition seeks for the following relief; “The petitioner therefore prays that your Lordships would graciously be pleased to: i) Admit and allow this writ application ii) Call for the records and iii) After hearing the parties to issue writ /writs in the nature of mandamus allowing the petitioner for construction of the shop rooms and thereby restraining the Revenue authorities from making interference over the schedule land. And pass any other order(s) as this Hon'ble Court deem tit and proper. And for which act of kindness, the petitioner as in duty bound shall ever pray.” 3. Mrs. Jena, learned Senior Advocate appearing for the Petitioner submits that the Petitioner, Sri Madanmohan Jew and Sri Jaganath Jew Trust Board, Chauliaganj, Cuttack is being represented through its Managing Trustee in the present writ petition. The deity in question is public in nature. There were some shop rooms in the premises of the temple (religious institution) of the deity since last seventy years. But Cuttack Municipal Corporation illegally demolished the same. Thus, the Petitioner approached the Additional Assistant Commissioner of Endowments, Cuttack-Opposite Party No.3 seeking permission to construct new shop rooms and to allot the same in favour of the intending persons. 3.1 Receiving such application, the Additional Assistant Commissioner of Endowments sought for a report from the Inspector of Endowments, Jagatsinghpur, I/c DIE. Receiving report from the Inspector of Endowments, vide report No. 247 dated 10th September, 2024, the Additional Assistant Commissioner of Endowments, Cuttack vide Letter/Memo No.2092 dated 11th September, 2024 (Annexure-8) communicated the Managing Trustee that ‘in view of the report Inspector of Endowments, Jagatsinghpur I/c, DIE, Cuttack the undersigned is pleased to allow Sri Chiranjaya Sahoo, the Managing Trustee of the above institution to construct shop room belonging to the above deity and lease out the same as per law to the persons who are free from any type of litigations. Further, the Managing Trustee shall ensure that the process is smooth, fair and transparent. The terms and conditions of the lease are to be kept reasonable and lawful’. 3.2 Accordingly, the Managing Trustee started construction of shop rooms over the land of the deity. At that juncture, the Tahasildar Sadar, Cuttack, vide his notice dated 9th June, 2025 (Annexure-9), directed the Managing Trustee to stop construction immediately failing which, exemplary action in accordance with law, shall be taken. Since then, the construction work has been stopped. The daily seva puja and niti kanti of the deity was being managed from the fund generated from renting out the shop rooms. Due to such notice of Tahasildar, Sadar, Cuttack under Annexure-9, the deity is suffering a lot. Although the Managing Trustee of the Petitioner-Trust Board submitted a representation to the Collector, Cuttack on 18th September, 2025 (Annexure-10) for redressal of the grievances in that regard, but as yet, the same has not been entertained. Thus, the Petitioner-Deity finding no other alternative, has filed the writ petition for the aforesaid relief. 4. The matter was listed on 19th February, 2026 and Mr. Maharana, learned counsel for the Commissioner of Endowments was directed to take instruction as to whether, the Additional Assistant Commissioner of Endowments, Cuttack has any power to issue letter/order under Annexure-8. 5. Mr. Maharana, on instruction, submits that the Additional Assistant Commissioner of Endowments has no jurisdiction to pass any order permitting the Petitioner-Deity to make construction and lease out the same in favour of intending persons. The learned Commissioner of Endowments is competent to deal with the same. 6. In view of the above, Mrs. Jena, learned Senior Advocate appearing for the Petitioner prays for withdrawal of the writ petition to raise the grievance, as stated in the writ petition before learned Commissioner of Endowments for the interest of the deity. Page 4 of 4 10. In view of the above, this Court disposes of the writ petition as withdrawn with a liberty to the Petitioner to raise grievance before the Commissioner of Endowments for grant of permission to raise construction in the premises of the religious institution of the Petitioner and to lease out the same in favour of the intending persons. And in that event, learned Commissioner of Endowments, who is competent under Rule 66 of the Odisha Hindu Religious Endowment Rules 1951, shall consider the grievance of the Petitioner in accordance with law giving opportunity of hearing to the parties concerned, as expeditiously as possible and communicate the decision thereof forthwith to them. Urgent certified copy of the order shall be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Sashikant Judge