SRI SADASIB PRAKASH BRAHMACHARI versus THE STATE OF ORISSA

SRI SADASIB PRAKASH BRAHMACHARI versus THE STATE OF ORISSA

Sections 42(1)(b), 42(7), 44(2), and 79(A) of Orissa Hindu Religious Endowments Act, 1951 as amended, do not constitute unreasonable restrictions under Article 19(1)(f) and are not unconstitutional. Judicial inquiry followed by appeal to High Court is sufficient safeguard; reviving previously invalidated schemes under Section 79-A is permitted as it allows appeals under the present Act.

Parties
Petitioner: Sri Sadasib Prakash Brahmachari; Petitioner: Sri Sadasib Prakash Brahmachari (Petition No. 39 of 1955); Petitioner: Sri Sadasib Prakash Brahmachari (Petition No. 46 of 1955); Petitioner: Sri Sadasib Prakash Brahmachari (Petition No. 51 of 1955); Petitioner: Sri Sadasib Prakash Brahmachari (Petition No. 176 of 1955); Respondent: The State of Orissa
Jurisdiction
India
Judgment Date
20 January 1956
Procedural Posture
Petitions Under Article 32 of the Constitution of India / Final Judgment
Outcome
petitions dismissed
Legal Topics
Fundamental Rights, Right to Property, Validity of State Legislation, Hindu Religious Endowments
Constitutional Law Religious and Charitable Endowments Fundamental Rights Right to Property Validity of State Legislation Hindu Religious Endowments

Case Brief

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Parties

Sri Sadasib Prakash Brahmachari

Petitioner

Sri Sadasib Prakash Brahmachari (Petition No. 39 of 1955)

Petitioner

Sri Sadasib Prakash Brahmachari (Petition No. 46 of 1955)

Petitioner

Sri Sadasib Prakash Brahmachari (Petition No. 51 of 1955)

Petitioner

Sri Sadasib Prakash Brahmachari (Petition No. 176 of 1955)

Petitioner

The State of Orissa

Respondent

Procedural Posture

Petitions Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether sections 42(1)(b), 42(7), 44(2), and 79(A) of Orissa Hindu Religious Endowments Act, 1951 (Orissa Act II of 1952 as amended by Act XVIII of 1954), are unconstitutional and ultra vires the Constitution.
  2. 2 Whether these sections impose unreasonable restrictions on the right of Mahants to hold property under Article 19(1)(f) of the Constitution.

Ratio Decidendi

Sections 42(1)(b), 42(7), 44(2), and 79(A) of Orissa Hindu Religious Endowments Act, 1951 as amended, do not constitute unreasonable restrictions under Article 19(1)(f) and are not unconstitutional. Judicial inquiry followed by appeal to High Court is sufficient safeguard; reviving previously invalidated schemes under Section 79-A is permitted as it allows appeals under the present Act.

Court Disposition

petitions dismissed

Orders

  • All five petitions are dismissed with costs.