HINDU RELIGIOUS ENDOWMENTS & ORS. versus B. SAMITRA & ORS.

HINDU RELIGIOUS ENDOWMENTS & ORS. versus B. SAMITRA & ORS.

The Assistant Endowments Commissioner has no jurisdiction to appoint non-hereditary trustees under section 27 of the Orissa Hindu Religious Endowments Act, 1951 without prior determination under section 41 that the institution is public and has no hereditary trustees. Proceedings under section 27 must be preceded by a judicial enquiry under section 41 if these facts are disputed.

Parties
Appellant: Hindu Religious Endowments & Ors.; Respondent: B. Samitra & Ors.
Jurisdiction
India
Judgment Date
20 February 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 19th September, 1969 of the Orissa High Court in O.j.c. No. 1759 of 1969
Outcome
Appeal dismissed
Legal Topics
Appointment of Trustees, Jurisdiction of Endowments Commissioner, Orissa Hindu Religious Endowments Act, 1951, Public Vs. Private Religious Institutions
Hindu Law Religious Endowments Administrative Law Appointment of Trustees Jurisdiction of Endowments Commissioner Orissa Hindu Religious Endowments Act, 1951 Public Vs. Private Religious Institutions

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Parties

Hindu Religious Endowments & Ors.

Appellant

B. Samitra & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 19th September, 1969 of the Orissa High Court in O.j.c. No. 1759 of 1969

Legal Issues

  1. 1 Whether the appointment of non-hereditary trustees by the Assistant Endowments Commissioner under section 27 can be made without prior determination of disputed points as to the nature of the institution and existence of hereditary trustees under section 41 of the Orissa Hindu Religious Endowments Act, 1951
  2. 2 Whether a suo motu inquiry is permissible under section 41 of the Act

Ratio Decidendi

The Assistant Endowments Commissioner has no jurisdiction to appoint non-hereditary trustees under section 27 of the Orissa Hindu Religious Endowments Act, 1951 without prior determination under section 41 that the institution is public and has no hereditary trustees. Proceedings under section 27 must be preceded by a judicial enquiry under section 41 if these facts are disputed.

Court Disposition

Appeal dismissed

Orders

  • Appeal is hereby dismissed
  • High Court judgment quashing the orders of appointment of non-hereditary trustees under sections 27 and 68 is upheld