JUDGMENT : M.M. Das, J. - The Petitioners being aggrieved by the Order No. 5176 dated 26.04.2008 under Annexure-1 to the writ petition passed by the Commissioner of Endowments, Orissa, Bhubaneswar has filed the present writ application. 2. It is the case of the Petitioners that Shri Gopinath Jew and Shri Achyutananda Ashram at Nemalo @ Lemalo in the district of Cuttack cannot be considered to be a religious institution far less a public religious institution and, therefore, the Commissioner of Endowment lacks jurisdiction to constitute an interim Trust Board till a regular Trust Board is constituted, as has been done in the impugned order. It has been further contended that the impugned order is contrary to the provisions of the Hindu Religious Endowment Act (hereinafter referred to as 'the Act') and also has been passed ignoring the materials including the previous judicial pronouncements, which shows that the institution/properties belongs to the Petitioners' family, which they have succeeded from their ancestors. According to the Petitioners, the said property is used as a burial ground since the time of the ancestors of the Petitioners. Achyutananda Deb Gossain @ Goswamy who was considered in the 16th century having great spiritual influence over the GOPALS of Orissa and after his death was buried in the place where the tomb now exists and known as 'Achyutananda Mohapurush Gadi' which also covers a portion of the land where the family deity of the Petitioners, namely, 'Sri Gopinath Mohaprabhu' is worshiped. It is pleaded by the Petitioners that earlier also the Endowment Commissioner finding that the said properties do not constitute a religious Institution de-indexed it from the list of religious institutions. Various documents have been annexed to the writ petition including the judgment passed in suits by the learned Munsif, Second Court, Cuttack and the Munsif, First Court, Cuttack in support of the contention made by the Petitioners. A counter affidavit has been filed by the opposite parties 7 to 12 who are the private opposite parties in this writ petition and who constitute the Interim Non-hereditary Trust Board in the impugned order. 3. Dr. A.K. Rath, Learned Counsel has appeared on behalf of the Commissioner, Hindu Religious Endowment. Mr. A counter affidavit has been filed by the opposite parties 7 to 12 who are the private opposite parties in this writ petition and who constitute the Interim Non-hereditary Trust Board in the impugned order. 3. Dr. A.K. Rath, Learned Counsel has appeared on behalf of the Commissioner, Hindu Religious Endowment. Mr. P.K. Mohanty, Learned Counsel for the Petitioners vehemently urged that the order under Anneuxre-1 has been passed ignoring the documents which clearly shows that the 'Achyutananda Mohapurush Gadi' and Sri Gopinath Jew cannot be considered to be public religious institutions. The impugned order under Anneuxre-l has been passed by the Commissioner of Endowment u/s 7 of the Act in which he has constituted an interim Trust Board as provided under the said sections of the Act. It is No. doubt true that in the year 1982, Sri Gopinath Jew and Sri Achyutananda Mohapurush were directed to be de-indexed by the Commissioner of Endowment under the order in Annexure-5 to the writ petition. From the said order, it appears that on perusing the report of the District Inspector of Endowment, the Commissioner reported that the tomb of Sri Achyutananda in the burrial ground cannot be treated as a religious institution under the Act. The Inspector further reported that the pucca house where Sri Gopinath Jew has been installed was constructed probably out of the income derived from the offerings made in the tomb. The Commissioner concluded that there is No. evidence at present moment to hold that the institution of Sri Gopinath Jew is a public religious institution and there are materials to show that the said institution is a subsidiary institution of Sri Achyutananda Gadi, which is not a public religious institution. Upon finding thus, the Commissioner directed to de-index the institution. 4. Learned Counsel for the private opposite parties 7 to 12, contrary to the submissions made by Mr. Mohanty, Learned Counsel for the Petitioners, contended that the writ petition involves disputed questions of facts and, therefore should not be entertained. The opposite parties have specifically denied the fact that the property, in question, is a burrial ground belonging to the ancestors of the Petitioners and that either indexing or de-indexing of the institution has No. relation to the constitution and appointment of an interim Trust Board which the Commissioner has done in the changed scenario of the institution. The opposite parties have specifically denied the fact that the property, in question, is a burrial ground belonging to the ancestors of the Petitioners and that either indexing or de-indexing of the institution has No. relation to the constitution and appointment of an interim Trust Board which the Commissioner has done in the changed scenario of the institution. He further submitted that the judgments passed in the suits are between the private parties and do not either bind the Hindu public or the Commissioner of Endowment who were not parties in the said suit. The said private opposite parties who are the members of the interim Trust Board constituted under the impugned order in Anneuxre-1, have stated In the counter affidavit that Sri Achyutananda Mahapurush, the legendry devotee of Lord Jagannath was mostly preaching the Jagannath cult during the 16th century and he was performing all sorts of religious activities over the location where now the deity Sri Gopinath Jew is worshipped. It is a common belief that Mahapurush Achyutananda while being in Dhyana, attained Samadhi and nobody have seen his mortal body thereafter. Therefore, the Achyutananda Gadi cannot be construed as a burial ground of the Mohapurush. On the other hand this is a sacred place where Lord Jagannath as well as deity Sri Gopinath Jew are being worshipped by thousands of people visiting the said place everyday. Recognizing such facts, the Tourism Department of the State Government has published a Bulletin in the year 2007, a portion of which has been annexed as Annexure-A/1 to the counter affidavit. 5. It further appears from the counter affidavit that Sri Achyutananda Deb during his lifetime has forecasted many things and there is more than one lakh eighty-five 'Pothis', which are considered to be sacred in the present day. These 'pothis' contains predictions, cures and many other innumerable facts of life. Not only the local public, but the people from all over the world repose great faith on the said religious institution and many devotees visit the place on different functions held thereon. During such functions, the State Government, spending huge amounts, makes all necessary arrangements with regard to maintenance of law and order. As there was improper administration of the said institution and there was none to regularly manage the same nor make any developmental work, the temple of Sri Gopinath Jew has become dilapidated. During such functions, the State Government, spending huge amounts, makes all necessary arrangements with regard to maintenance of law and order. As there was improper administration of the said institution and there was none to regularly manage the same nor make any developmental work, the temple of Sri Gopinath Jew has become dilapidated. There is huge collection of donations and nobody is there to account for the said collection. Petitioners claim the deity to be a private deity and are misappropriating such donations. As a result, the institution having international repute is not being developed. Money from the M.P. Lad Fund of various Members of Parliament has been sanctioned but due to lack of proper management, the said funds have not been able to be utilized for the development of the institution. 6. From the statistical bulletin 2007 published by the Department of Tourism and Culture, Government of Orissa annexed to the counter affidavit, it appears in column-7 that Nemalo has been identified as a tourist spot and in a statistics annexed thereto it has been mentioned that in the year 2007 one lakh twenty thousand eight hundred thirty five devotees visited the Nemalo Gadi. 7. The connected file of the Commissioner of Endowments was produced before me, by Dr. A.K. Rath, Learned Counsel for the Commissioner, Endowment. From the same, it appears that a report was submitted by the Additional Assistant Commissioner of Endowments, Cuttack, to the Commissioner of Endowment on 13.03.2008 reporting to the following effect: I visited the above institution on dt.6.2.2008 and found that this institution includes the 'Samadhi' of the burial ground of Maha Purusha Achutananda Das and his 'Ista' Shri Gopinath Dev. The Samadhi of Sri Maha Purusha is well protected by beautiful structures around it and the sanctity of the pitah is strictly maintained. The floor of the pitha is marbal protect and walls are decorated with glazed tyles. The Samadhi pitha of this Maha Purusha is a great sacred place of Hindu Public and all the times hundred Nos. of Hindus and devotees visit this pitha and offer their prayer to the Samadhi of the Maha Purusha. Sri Maha Purusha is not only famous in Orissa but have also great name in allover India and some Foreign countries. The foreigners some times come to this place to research about the life history scriptures writings and greatness of Sri Maha Purusha. Sri Maha Purusha is not only famous in Orissa but have also great name in allover India and some Foreign countries. The foreigners some times come to this place to research about the life history scriptures writings and greatness of Sri Maha Purusha. The festivals such as Magha Sukla Ekadashi or the birth anniversary and Deba Snahana Purnima or the death anniversary of Sri Maha Purusha and the Rasha Purnima connected with the Deity Sri Gopinath Dev are observed with great participation of huge numbers of devotees and Hindu public coming from all over India and foreign countries with their voluntary donation for its observance. All the developmental works of the pitha are done by public donations. The public have also got right of free darshan and offering Bhoga to the Deity Sri Gopinath Deb as well as Sri Mahapurusha. During the time of my visit I met Mahanta Sri Gaganananda Goswamy the real person in management of the institution. He said that, he is the fourteenth generation of Sri Mahapurusha. He also admits that all the developmental works of the pitaha are done by the donation received from the public. The festivals described as above are observed with full participation of the Hindu public and devotees with their voluntary donation for it. There is also No. bar for darshan and offering bhoga to the deity or to the pitha. Only Arna Bhoga is being offered to the deity Sri Gopinath Deb only. The institution is situated on the land measuring an area about Ac.2.5 re. duly recorded in the name of the pitha. But, he avoids to produce the R.O.R. for its verification. He claims that the pitha is their private one. He manages the same by forming a private Committee in which he is the President. This Committee conducts all the affairs of the Deity, collects all donations and also controls all sources of the income of the Deity. It is revealed by some public that the Deity Sri Gopinath Deb has about Ac.7.00 of land which are under possession of the Mahant Sri Gaganananda Das Goswamy. Thus in view of the above facts, I am of the opinion that on prima facie the nature of the institution is public having No. Hereditary Trustee. It is revealed by some public that the Deity Sri Gopinath Deb has about Ac.7.00 of land which are under possession of the Mahant Sri Gaganananda Das Goswamy. Thus in view of the above facts, I am of the opinion that on prima facie the nature of the institution is public having No. Hereditary Trustee. In order to extend its religious benefit to all Hindu Public I suggest that the institution may be indexed and a public Non Hereditary Trust Board u/s -27 of the O.H.R.E., Act is required to be formed for its management. and for this purpose the following names have been selected. 1. Mahanta Sri Gagananada Goswamy, At/P.O. Nemal, Dist: Cuttack. 2. The Tahasildar, Salepur, Cuttack. 3. The Inspector-in-Charge, Salepur P.S., At/P.O. Salepur, Dist -Cuttack. 4. Sri Dhrubnanda Das, At/P.O-Nemal, Dist-Cuttack. 5. Sri Babaji Charan Prusty, At/P.O., Nemal, Dist- Cuttack. 6. Sri Prasanna Kumar Beura, At/P.O: Kusunpur, Dist- Cuttack. 7. Sri Jugal Kishroe Sarangi, At:Santhakan, P.O. Charirakaba, Dist: Cuttack 8. Sri Gaurnga Charan Gochhayat, Sarpanch- Nemal, Dist Cuttack. 9. Sri Sudhansu Sekhar Bhuyan, Sarapanch Nageshpur, Dist Cuttack. Further, I am to submit that pending disposal of appointment of N.H.T. Board u/s -27 of the O.H.R.E., Act 1951 the above persons may be appointed as Interim Trustees u/s -7 of the O.H.R.E., Act for two years or till appointment of a regular Board u/s -27 of the O.H.R.E., Act, 1951. Considering the report, the Commissioner of Endowment passed the impugned order constituting the interim Trust Board till a permanent Non-Hereditary Trust Board is constituted. u/s 7 of the Act, the powers and duties of the Commissioner have been enumerated as follows: 7. Powers and duties of Commissioner-(l) Subject to the provisions of this Act, the general superintendence of all religious institutions and endowments shall vest in the Commissioner. x x x (2) The Commissioner may do all things which are reasonable and necessary to ensure that the religious institutions and endowments are properly administered and that their income is duly appropriated for the purposes which they were founded or exists. 8. x x x (2) The Commissioner may do all things which are reasonable and necessary to ensure that the religious institutions and endowments are properly administered and that their income is duly appropriated for the purposes which they were founded or exists. 8. From the report which has been quoted above, it prima facie, appears that there was sufficient material before the Commissioner to be subjectively satisfied that the Interim Non-Hereditary Trust Board is required to be constituted to manage the affairs of Sri Gopinath Jew and Sri Achyutananda Ashrama at Nemalo to ensure that the said institution and Endowment are properly administered and that their income is duly appropriated for the purposes for which they were founded or exists. 9. The explanation to Section 7 of the Act clearly amplifies the provisions of the said section wherein it has been mentioned that the Commissioner shall have power to pass such interim order as he deems necessary for the proper maintenance of a religious institution or the proper administration of a religious endowment including the power to pass such orders if and when necessary for the proper management of any institution when a dispute concerning the same is pending in a Court. 10. I also find that in the above report the Additional Assistant Commissioner of Endowments has proposed to index the institution, Which was earlier de-indexed. He found sufficient materials to be satisfied prima facie, that Sri Gopinath Jew and Sri Achyutananda Ashram (Achyutananda Gadi) can be included within the definition of 'religious institution' as defined in the Act. 11. The other contentions made by the Learned Counsel for the Petitioners relate to the disputed questions of facts, which cannot be determined in a writ petition. 12. As I find that there is No. illegality or impropriety on the part of the Commissioner of Endowment in passing the order under Anneuxre-1, which has been impugned in this writ petition, I am not inclined to interfere with the same. The order under Anneuxre?1 is to be worked out by the Commissioner of Endowment. 13. The writ application is accordingly dismissed being devoid of merit. Final Result : Dismissed