NDLI: K. Arjun Das Vs. Commissioner of Endowments, Orissa & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Orissa Hindu Religious Endowments Act 1951 Alienation of immovable Trust property Application u/s. 19
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Orissa Hindu Religious Endowments Act, 1951 (11 of 1952)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Orissa Hindu Religious Endowments Act, 1951: s. 19 – Alienation of immovable Trust property – Application u/s. 19 on behalf of Diety by fit person seeking permission to sell the property belonging to the Diety, admeasuring 4 acres 255 decimals – Appellant also filed affidavit claiming to be in possession of the property as a tenant for last 40 years – In enquiry report, Inspector Endowments assessed the value of the land in the range of 5 to 5.50 lakhs per acre and found that if sale of the property were sanctioned, it would be beneficial for the institution – Commissioner Endowments accorded permission to sell the property fixing Rs. 10 lakhs per acre as upset price and offered first choice to purchase to the appellant-tenant – After lapse of statutory period to file appeal against the order of the Commissioner, sale deeds were executed in favour of the appellants in respect of land admeasuring 2 acres 19 decimals – In a pending appeal against the order of the Commissioner and suo motu proceeding initiated by the State Government, intervention applications were filed by respondent Nos. 4 and 5 offering to buy a piece of the suit land admeasuring 619 decimals at the rate of Rs. 30 lakhs per acre – The intervention application was rejected by the State Government – Order of State Government challenged in writ petition by respondent Nos. 4 and 5 taking the ground that the appellant was not a tenant and that they were willing to offer the rate of Rs. 25 lakhs per acre – Writ petition dismissed by Single Judge of High Court – Letters Patent Appeal was allowed by Division Bench of High Court holding that there was no evidence to show that the appellant was tenant and directed the Commissioner, Endowments to put the total land for public auction at the rate of Rs. 25 lakhs pr acre – Appeal to Supreme Court – Held : Division Bench of High Court has committed a manifest error of law and of facts in setting aside concurrent findings and hence is legally not sustainable – The lucrative offer made by respondent Nos. 4 and 5 appears to be only to frustrate the action of respondent-authority – The procedure opted by respondent Nos. 4 and 5 cannot be countenanced to nullify the registered sale-deed executed in favour of the appellant after due compliance as mandated by law under the Act.
Judge	Hon'ble Mr. Justice Ajay Rastogi
Neutral Citation	2019 INSC 1039
Petitioner	K. Arjun Das
Respondent	Commissioner Of Endowments, Orissa & Ors.
SCR	[2019] 13 S.C.R. 307
Judgement Date	2019-09-17
Case Number	9576

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K. Arjun Das Vs. Commissioner of Endowments, Orissa & Ors.

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