Sikhar Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.8650 of 2022 Sikhar Mohapatra ....

Petitioner Mr. S.B. Mohanty, Advocate -versusState of Odisha & another ....

Opp. Parties Mr. A.K. Nanda, Additional Government Advocate Mr. A.K. Nath, Advocate (For opposite party Nos.2, 4 & 6)

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE BIRAJA PRASANNA SATAPATHY Order No.

ORDER

25.04.2022 03.

1.

Heard Mr. S.B. Mohanty, learned counsel for the petitioner, Mr. A.K. Nanda, learned Additional Government Advocate and Mr. A.K. Nath, learned counsel appearing for Commissioner of Endowment, Odisha.

2.

At the outset, Mr. Mohanty is permitted to implead the Assistant Commissioner of Endowment, Bhubaneswar as opposite party No.6 in this writ petition.

3.

According to Mr. Mohanty, the petitioner is aggrieved by the inaction of the authorities in passing an appropriate order recognizing his hereditary right to do Seva Puja of Ladukeswar Mahadev Bije at Saranakul.

4.

Mr. A.K. Nath, learned counsel appearing for the Commissioner of Endowment, Odisha submits that for such purpose the petitioner should have approached the Assistant

// 2 // Commissioner of Endowment, Bhubaneswar (opposite party No.6) by making a motion under clause (e) of Sub-Section (1) of Section 41 of the Odisha Hindu Religious Endowments Act, 1951 instead of rushing to this Court. In such background, Mr. Mohanty wants to withdraw this writ petition as he wants to approach the opposite party No.6 for redressal of the grievances of the petitioner.

5.

Considering the submissions made, this writ petition is disposed of as withdrawn.

6.

Urgent certified copy of this order be granted on proper application.

(Biswajit Mohanty) Judge Prasant (Biraja Prasanna Satapathy) Judge