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2013 DIGILAW 370 (ORI)

ABHIMANYU TRIPATHY v. STATE

2013-09-04

S.C.PARIJA

body2013
JUDGMENT : S.C. Parija, J. - Heard learned counsel for the parties. This writ petition has been filed challenging the action of the State Government in approving the formation of Non-Hereditary Trust Board in respect of Maa Tarini Thakurani, Ghatagaon, vide letter dated 20.10.2012 (Annexure-10). 2. The main contention of the learned counsel for the petitioner is that pursuant to the order of this Court dated 02.01.2012, passed in W.P. (C) No. 23392 of 2011, the Addl. Asst. Commissioner of Endowments, Sambalpur-opposite party No. 3, having formulated a Scheme, as provided u/s 42(1)(a) of the OHRE Act, 1951, published in Orissa Gazette dated 20.01.2012, the formation of the Non-Hereditary Trust Board in respect of Maa Tarini Thakurani, Ghatagaon, could have been made only on the basis of the said Scheme and not otherwise. In this regard, it is stated that as clause (3) of the said Scheme provides that the Board of Trustees shall be appointed by the Addl. Asst. Commissioner of Endowments, Sambalpur, who shall hold the office for such a period not exceeding two years, the State Government had no authority to appoint or approve any such Trust Board. 3. In this regard, it is submitted that the opposite party No. 3 has proposed the names of private persons to be members of the Trust Board, as per Annexure-5, without considering the objections under Annexure-3 series. The attention of this Court has been drawn to the observation of the Division Bench in W.A. No. 334 of 2012, regarding the passing of the impugned order dated 20.10.2012, during currency of the interim order dated 17.10.2012. 4. Learned counsel appearing for the opposite party Nos. 6 to 10, on the other hand, while supporting the impugned order, submits that as the Addl. Asst. Commissioner of Endowments, Sambalpur, has constituted the Trust Board, as per the Scheme and has only sent the same to the State Government for approval, the same cannot be faulted. 5. Learned counsel appearing for the Endowment Commissioner fairly submits that under the Scheme which has been published in the Orissa Gazette dated 20.01.2012, no approval of the State Government is necessary for formation of the Trust Board. 6. 5. Learned counsel appearing for the Endowment Commissioner fairly submits that under the Scheme which has been published in the Orissa Gazette dated 20.01.2012, no approval of the State Government is necessary for formation of the Trust Board. 6. In view of the above, it is abundantly clear that as per the Scheme formulated u/s 42(1)(a) of the O.H.R.E. Act, 1951, the Trust Board of Maa Tarini Thakurani, Ghatagaon, is to be constituted by the opposite party No. 3 and the State Government has no role to play. No approval of the State Government is necessary for constitution of the said Trust Board. 7. Considering the submissions made and without expressing any opinion with regard to the merits of the contentions raised regarding the disqualification of the private persons, who have been appointed as members of the Trust Board, the impugned order/decision of the State Government dated 12.09.2012 (Annexure-8) is quashed. The matter is remitted back to the Addl. Asst. Commissioner of Endowments, Sambalpur, who shall take a decision to constitute the Board of Trustees as per clause (3) of the Scheme and in terms of the other provisions enumerated therein within a period of eight weeks hence. 8. It is needless to say that the Government officials, who are in charge of the Trust Board, shall continue as such till formation of the regular Trust Board by the opposite party No. 3. 9. Writ petition is accordingly disposed of. Issue urgent certified copy as per rules. Final Result : Disposed Off