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2015 DIGILAW 344 (ORI)

Accent Properties (P) Ltd. , Bhubaneswar v. State of Odisha

2015-05-15

K.R.MOHAPATRA, SANJU PANDA

body2015
JUDGMENT K.R. MOHAPATRA, J. - The petitioner in this writ petition calls in question the inaction of opposite party NO.2-Commissioner of Endowments, Odisha, Bhubaneswar in issuing 'No Objection Certificate' in favour of opposite parties 3 to 8. 2. The case land appertaining to Plot No. 307 under Khata No. 279 to an extent of area Ac. 0.375 decimals of land situated at Mouza 'Mahura' in Bhubaneswar is recorded in the name of deity "Sri Dolagobinda Deb", Marfatdar-opposite parties 3 to 8. The opposite party NO.8 in that capacity filed an application under Section 19-A of the Orissa Hindu Religious Endowments Act, 1951 (for short 'the O.H.R.E. Act'), which was registered as O.A. No. 97 of 2012, for grant of 'No Objection Certificate' in their favour to sell the case land. In the said application, it has been stated by opposite parties 3 to 8 that Shri Dolagobinda Deb is their family deity. For more than last fifty years, 'Melana' of the deity was not performed and thus, the public have no access to the deity nor offered any Seva Puja to the deity. They also alleged in' the petition that due to mushroom growth of construction of residential and commercial buildings, the case land is not in a condition to be used for the benefit/welfare of the deity. On the other hand, the said land is lying fallow and they apprehend that the same may be encroached by boundary tenants, more particularly C.v. Raman Institute of Engineering and Technology, which situates adjacent to the case land. Thus, the opposite party No.8 prayed for grant of "No Objection Certificate" for sale of the case land so that the sale proceeds can be utilized for the benefit of the deity. 3. Alleging inaction on the part of the Commissioner of Endowments, Odisha, Bhubaneswar, the petitioner has filed this Writ Petition for a direction to the Commissioner of Endowments to issue "No Objection Certificate" in favour of opposite party Nos. 3 to 8 so that the property can be sold to the petitioner pursuant to the agreement for sale executed between them. However, no enquiry as per law was conducted and no order has yet been passed on the said petition. 3 to 8 so that the property can be sold to the petitioner pursuant to the agreement for sale executed between them. However, no enquiry as per law was conducted and no order has yet been passed on the said petition. Section 19-A of the O.H.R.E. Act stipulates as follows: "19-A. Regulation of registration of documents-Notwithstanding anything contained in any other law for the time being in force, where any documents required to be registered under Section 17 of the Registration Act, 16 of 1908, purports to evidence a transfer, by exchange, sale, mortgage or by lease for a term exceeding five years, of any immovable property belonging to or given or endowed .of the purpose of any public religious institution, no Registering Officer, appointed under that Act, shall register any such document unless the transferor produces before such Registering Officer, the sanction order passed by the Commissioner under Section 19, or, as the case may be, no objection certificate in the prescribed form granted by the Commissioner or any Officer authorized by him in that behalf: Provided that a no objection certificate granted under this subsection shall not be a' bar to a dispute or abate any dispute, if pending under Section 41: Provided further that a no objection certificate shall be deemed to have been granted, if the Registering Officer is satisfied that the transfer or having applied for grant of no objection certificate to the Commissioner or the authorized officer, as the case may be, has not received the same within three months from the date of the application under Section 19 is moved before the Commissioner and that the application has not been rejected before expiry of that period." Further corresponding Rule-4A of the O.H.R.E. Rules reads as follows: "Rule 4A- Procedure for obtaining No Objection Certificate under Section 19-A-(1) For the purpose of obtaining necessary No Objection Certificate from the Commissioner for production, before the Registering Officer for registration of document purporting to evidence, transfer, exchange, sale or mortgage or lease for term exceeding 5 years, of any immovable property belonging to or give or endowed for the purpose of any religious institution on the ground that it is not public religious institution for which it does not require sanction u/s. 19 of the Act, an application shall have to be filed by the person/persons in control or charge over the immovable property and the institution in the manner prescribed in Rules 34 to 41 of these rules. (emphasis supplied)"• (2) On receiving such application, the Commissioner shall issue notice for information of general public together with copy of the application filed under sub-rule(1) to be published in a conspicuous place of the Office of the Urban or Rural local bodies as the case may be under whose jurisdiction the property is situated and at such other place as the Commissioner deems fit and proper, inviting objection to the said application to be received within one month from date of publication of such notice. (3) On receiving the objection if any, within the stipulated period. and after giving reasonable opportunity of hearing to the parties if the Commissioner is prima facie satisfied that the institution in question is not a public religious institution for which no sanction under section 19 of the Act is required, he shall, grant "No Objection Certificate" in Form AA to these rules.." 4. On a conjoint reading of Section 19-A of the O.H.R.E. Act. with Rule 4A of the O.H.R.E. Rules make it clear that for the purpose of obtaining necessary 'No Objection Certificate' from the Commissioner for production before the Registering Officer for registration of deed of transfer etc., an application shall have to be filed by the person/persons in control or charge over the immovable property belonging to or give or endowed for the purpose of any religious i{1stitution on the ground that it is not a public religious institution for which it does not require sanction under Section 19 of the O.H.R.E. Act. On receipt of such application, the Commissioner shall issue notice for information of general public as contemplated under Sub-rule(2) of Rule 4A inviting objection to the said application to be received within one month from date of publication of such notice. On receipt of objection, if any, and after giving reasonable opportunity of hearing to the parties, if the Commissioner is prima facie satisfied that the institution in question is not a public religious institution for which no sanction under Section 19 of the O.H.R.E. Act is required, he shall grant "No objection Certificate" in Form AA to the O.H.R.E. Rules. 5. Thus, it is abundantly clear that only a person/persons in control or charge over the immovable property belonging to or given or endowed for the purpose of any religious institution, can only make an application under Section 19-A of O.H.R.E. Act. 5. Thus, it is abundantly clear that only a person/persons in control or charge over the immovable property belonging to or given or endowed for the purpose of any religious institution, can only make an application under Section 19-A of O.H.R.E. Act. Accordingly, the opposite party no. 8 to the writ petition made an application under Section 19-A of the O.H.R.E. Act (Annexure-6). The petitioner has no role to play in filing of application or otherwise, except filing of objection pursuant to notice under Rule 4-A (2) and in that even the Commissioner shall give an opportunity of hearing to the objectors, before passing final order on the application under, Section 19-A. As alleged, that stage has not yet come. 6. Moreover, the petitioner is neither the person in control or charge of the immovable properties of the deity 'Sri Dolagobinda Deb' nor he is a party to the said proceeding. He has filed the writ petition on the assertions that the opposite parties 3 to 8 have entered into an agreement with it for sale of the case land at a price agreed between them. The question of alienation only arises in the event opposite parties 3 to 8 are granted 'No Objection Certificate' after due enquiry. The petitioner has neither field an application under Section 19A of the Act nor in control or charge over the immovable property of the religious institution. Therefore, this Court holds that the petitioner has no locus standi to maintain the writ petition. 7. In view of the foregoing discussion and observation made, the writ petition is not maintainable and the same is accordingly dismissed but in the circumstances, no order as to cost. I agree. Petition dismissed.