Niharika Paltasingh vs. State Of Odisha
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Cause title — parties, addresses and appearances
ORDER 22.07.2024
1. This matter is taken up through hybrid arrangement (virtual/physical) mode.
Petitioner has invoked the juri iction of this Court under Article 226 and 227 of the Constitution of India assailing the order dated 16.07.2020 at Annexure-4 passed by the learned Commission of Endowments, Bhubaneswar. For convenience of ready reference, said order is extracted hereunder;
And, order passed by the Commissioner of Endowments dated 25.07.2022 at Annexure-12 rejecting the prayer of the Petitioner to continue as a lessee in respect of Shop No.C-9 of Rajdhani Puja Samitee and the order dated 31.05.2019 at Annexure-13 by which the Commissioner of Endowment directed enquiry and consequential steps to be taken for proper administration of Rajdhani Puja Samitee and its group of deities, Ashok Nagar, Unit-2, Bhubaneswar is also impugned.
Heard Mr. S.S. Das, learned Senior Advocate for Petitioner, Mr. R.K. Mohanty, learned Senior Advocate for the Opposite Party No.5, Ms. Naidu, learned counsel for the Endowment Commissioner, Opposite Party Nos.2 and 3 and Mr. B.R. Behera, learned counsel for the Opposite Party No.4. 4. The lis concerns lease of a Shop Room bearing No.C- 09 of Rajdhani Puja Samitee, Ashok Nagar. There are rival claims relating to such shop room between Petitioner and the Opposite Party No.5. 5. Counter and additional counter affidavits have been filed by the contesting private Opposite Party No.5 as well as by the Secretary, Rajdhani Puja Samitee, Opposite Party No.4. 6. From the pleadings, it is evident that there was a partnership deed between the husband of the present Petitioner and Opposite Party No.5 dated 01.07.2018 wherein, the husband of the Petitioner being the then lessee of the shop room in question entered into an agreement with the Opposite Party No.5 to run the business in the shop room in question.
Before expiry of such lease, in terms of the order passed by the Commissioner Endowment dated 31.05.2019 (Annexure-13), taking into account the observation of the Accountant General, Odisha, steps were initiated to execute fresh lease agreements separately in respect of each shop room.
Accordingly, the Petitioner’s husband with Opposite Party No.5 made an application on 03.02.2020 for renewal in favour of the husband of the Petitioner which was forwarded to Opposite Party No.4 Rajdhani Puja Samitee for consideration of the Endowment Authorities.
However, in terms of the order passed by the learned Commissioner on 31.05.2019 (impugned herein at Annexure- 13), the Endowment Authorities directed the Executive Officer of Opposite Party No.4 institution to execute agreement of lease with Opposite Party No.5, since he was stated to be in actual physical possession of the shop room and in whose name the GST Number of shop exists, to the exclusion of Petitioner’s husband (ex-lessee) (Annexure-4) showing that he was running the whole shop himself.
From the counter affidavit filed on behalf of the Opposite Party No.4, it is evident that the Executive Officer, Opposite Party No.4 executed two separate agreements for lease of the shop room in question on 02.05.2022, (i) from March, 2017 to May, 2019, (ii) 01.06.2019 to 31.05.2024. 9. Since admittedly the period of lease has expired on 31.05.2024, this Court is of the considered view that the Writ Petition which relates to the competing claims of Petitioner vis- à-vis Opposite Party No.5, as to the shop room bearing No.C- 09 Rajdhani Puja Samitee, has been rendered infructuous and accordingly, the writ Petition stands disposed of.
As interest of Rajdhani Puja Samitee and its group of deities is of paramount consideration, it is open for the Opposite Party No.4 to take steps in accordance with law for allotment of the shop room in question (C-09) keeping the best interest of the group of deities as paramount consideration.
Issue urgent certified copy of this order on proper application.
(D. Dash)
Judge
(V. Narasingh)
Judge
Santoshi
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.