GANGADHAR MOHANTY Vs. STATE OF ODISHA
LAWS(ORI)-2022-12-42
HIGH COURT OF ORISSA
Decided on December 05,2022

Gangadhar Mohanty Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

- (1.)Mr. Dash, learned advocate appears on behalf of petitioner and submits, impugned is judgment dtd. 24/1/2022, by which the Commissioner refused to grant certificate in Form AA provided by rule 4-A(3) in Odisha Hindu Religious Endowment Rules, 1959. He submits, it is apparent from the judgment that there is finding on fact regarding the deity being private. However, the Commissioner said there was no link between his client and recorded marfatdar.
(2.)Mr. Dash draws attention to annexure-5 being certificate dtd. 23/9/2022 issued by Sarpanch of concerned village saying that his client is only son of brother of recorded marfatdar. He emphasis, there was no objection received regarding it is a private deity. Permission by Form-AA ought to have been issued.
(3.)Ms. Naidu, learned advocate appears on behalf of the Commissioner and points out, the application was made in year 2013 and there is apparent effort at creating a link after impugned judgment was delivered.


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