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PETITIONER: SRI SADASIB PRAKASH BRAHMACHARI
Vs.
RESPONDENT: THE STATE OF ORISSA(With connected petitions)
DATE OF JUDGMENT: 20/01/1956
BENCH: JAGANNADHADAS, B. BENCH: JAGANNADHADAS, B. AIYAR, N. CHANDRASEKHARA BOSE, VIVIAN SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER
CITATION: 1956 AIR 432 1956 SCR 43
ACT: Constitution of India, Art. 19(1)(f )-Orissa Hindu Religious Endowments Act, 1951 as amended by Orissa Act XVIII of 1954- SS. 42(1)(b), 42(7), 44(2) and s. 79(A)-Whether ultra vires the Constitution.
HEADNOTE: Sections 38 and 39 of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939) as amended by Orissa Act XVIII of 1953 were declared unconstitutional and void by the Supreme Court in Mahant Sri Jagannath Bamanuj Das v. The State of Orissa ([1954] S.C.R. 1046) on the ground that legislation in so far as it authorised the framing of a scheme by the Commissioner along with his associates and declared such determination as final without any scope for correction thereof by judicial intervention was an unrea- sonable restriction on the right of the head of the Math as respects his interest in the Math which is a, right to bold property within the meaning of Art. 19(1)(f) of the Constitution. After the judgment dated 16th March 1954 delivered by the Supreme Court in the Case Of Mahant Sri Jagannath Bamanuj Das v. The State of Orissa, ([...