Allowed

Narasingh Mohapatra v. State of Odisha

Orissa HC5 Feb 2024WP(C)/56/2024

Case brief

AI extract

What is this about?

Writ filed for revival of ancient hereditary Danadhyakshya Seva at Puri Jagannath Temple stopped due to financial reasons. Court held such traditional duties recorded in Rights cannot be stopped arbitrarily and directed authorities to revive the Seva within three months.

What did the court decide?

Direction to respondents to revive Danadhyakshya Seva No. 119 within three months from the date of judgment.

Narasingh Mohapatra Vs State of Odisha — Constitutional and Fundamental Rights | Orissa HC (2024)

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ORISSA HIGH COURT: CUTTACK

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AFR

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W.P.(C) NO. 56 OF 2024

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In the matter of an application under Articles 226 and 227 of the Constitution of India.

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Narasingha Mohapatra and Another ..… Petitioners

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-Versus-

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State of Odisha and others ….. Opp. Parties
For petitioners : M/s Bhaskar Ch. Panda,
S. Mishra, J.N. Panda and
A. Tripathy, Advocates
For opp. parties : Mr. L. Samantaray,
Addl. Government Advocate
(O.Ps. 1 to 3)
Mr. Subrat Satapathy and
Mr. Rayatsingh, Advocates
(O.Ps. 4 & 5)
M/s. Debashis Nanda, S. Das
and S.N. Das, Advocates (O.P.6)

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P R E S E N T:

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THE HONOURABLE ACTING CHIEF JUSTICE DR. B.R.SARANGI AND THE HONOURABLE MR JUSTICE MURAHARI SRI RAMAN

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Date of Hearing and Judgment : 05.02.2024

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DR. B.R. SARANGI, ACJ. The petitioners, by means of this writ petition, seek direction to the opposite parties,

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more particularly, opposite party nos. 4 and 5 to take steps to revive Danadhyakshya Seva No. 119, as indicated at sl. no.7 of the Record of Rights of Temple Administration of Lord Shri Jagannath.

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The factual matrix of the case, in brief, is that the temple of Lord Shri Jagannath Mahaprabhu situated at Puri is an ancient temple. The said temple ever since its inception is an institution of unique national and international importance, in which millions of Hindu devotees from regions far and wide have reposed their faith and belief and have regarded it as the epitome of their tradition and culture. For a long period, the Mahar aja of Puri was in the management of the affairs of the temple. Subsequently, due to the financial stringency some of the daily Seva and Nitikanti were closed.

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2.1. In view of grave and serious irregularities in the Seva and Nitikanti of Lord Shri Jagannath, the

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Government had to intervene. In order to improve the maintenance, administration and governance of the temple affairs, the Government took over the charge. Accordingly, Shri Jagannath Temple Act, 1952 came into force.

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2.2. Having regard to the ancient customs, usages

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and the unique traditional Nitis and Rituals, the Record of Rights of Shri Jagannath Temple has been prepared. The said Record of Rights clearly discloses different

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types of Nitis and Sevas of Lord Jagannath. Due to financial crisis some of the Sevas of Lord Shri Jagannath had been stopped. Subsequently, in the year 2006 a notification was issued from the Temple Administration to restart the said Sevas and Nitikanti,

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which had been stopped due to financial crisis.

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2.3. Accordingly, opposite party no. 6, who is a

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Danadhyakshya Sevak, made an application to the Temple Administration for revival of the Danadhyakshya Seva No.119 of Shri Lord Jagannath, as reflected at serial no.7 of the Record of Rights. To

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restart the said Seva, a clarification/report was sought form Chadhau Karana, Deula Karana, Commander, Patajoshi Mohapatra, Rajguru, Deula Purohita and joint report of different Sevaks of Shri Jagannath Temple. Accordingly, reports were submitted by the aforesaid persons as well as Sevayats on different dates. The said reports were placed before the Niti-Sub Committee on 03.03.2011 and finally the same was placed before the Managing Committee on 15.04.2011.

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2.4. As per discussion made on 15.04.2011, it

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was decided by the Managing Committee that the Sub Committee has to submit the report of expenses in respect of restart of Danadhyakshya Seva . Accordingly, reports were called for from the Chhatisa Nijoga and others with regard to expenses to restart said Danadhyakshya Seva . As per said decision, Patajoshi Mohapatra, one of the members of the Sub Committee was asked to submit his report with regard to restart of said Danadhyakshya Seva . As per the report dated 11.01.2012 of the Jagannath Temple Management

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Committee, the report of Finance Sub-Committee dated 30.11.2011 was placed. The said report clearly discloses that there was discussion about the restarting of Danadhyakshya Seva . Further, the report dated 03.03.2012 of Shri Jagannath Temple Management Committee discloses that there was a clear discussion

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about restarting of Danadhyakshya Seva . Thereafter, the authorities of Temple Administration did not take any step to restart the aforesaid Seva, which was stopped without any reason. Opposite party no.6, who was Danadhyakshya Sevak, though had made several representations, the authorities did not take any action. Subsequently, it was found that no personal file was opened with regard to Danadhyakshya Seva, as claimed by opposite party no.6. However, the Temple Administration, vide order dated 29.06.2017 passed in RTI Appeal Case No. 07 of 2017, intimated that the file/papers with regard to said Danadhyakshya Seva is not traceable and it was advised to the Niti Administrator / Opposite Party No.5 to reconstruct the said file. But till date the opposite parties, more

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particularly, opposite party nos. 4 and 5, i.e. the Temple Administration, have not taken any step to restart the aforesaid Danadhyakshya Seva , although some of the other Sevas, which were stopped, have already been restarted. In the event Danadhyakshya Seva revives, the devotees/piligrims/visitors, who come to temple for Darshan of Mahaprabhu, will get Prasad . As per the Rules, the Talucha Basudev Mohapatra, as representative of the Lord Jagannath, will donate Sanja , i.e., Rice, Dal, Ghee etc. after Sandhya Alati to opposite party no. 6. Thereafter, opposite party no.6 will hand over the said Sanja to the Suar Sevak. Thereafter, the Suar Sevak in-charge will cook the PRASAD in Chula Nos. 57, 58 and 59, as has been fixed only for Mahaprabhu . Thereafter, the Prasad will be offered to Mahaprabhu and after that it will be distributed among the devotees and others.

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2.5. The petitioners have prepared a report with regard to the details of Danadhyakshya Seva, i.e., the purpose, history, present situation, daily nitis, etc.

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The petitioners along with some other Hindu public have made the grievance before the Temple Administration on 09.03.2022 as well as on 21.12.2022 requesting to revive the said Danadhyakshya Seva for the devotees. Though such applications have been received, but no action has been taken till date. Hence, this writ petition.

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Mr. B.C. Panda, learned counsel appearing

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for the petitioners contended that for the reason best known the authority has stopped the Danadhyakshya Seva , which the ‘Brahmins’ are entitled to get. It is contended that on the basis of the grievance made by the ‘Brahmins’, the same was considered and the Temple Administration had taken a decision vide resolution dated 30.11.2011 stating inter alia that the issue relating to revival of Danadhyakshya Seva and entitlement of benefits thereof should be placed before the Niti Sub-Committee for consideration. Thereafter, on 03.03.2012, though such decision was taken, till date the same has not been revived. It is contended that

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the State Government is going to bear the cost of Puri Parikrama Prakalpa, leaving aside the similar issues which is part of the Niti Seba of the deity. It is further contended that if Danadhyakshya Seva is introduced, then the visitors to the temple would get some Prasad. As Danadhyakshya Seva has four ‘badas’, of which one ‘bada’ would be served to the visitors of the temple. As such, the same was prevailing from time immemorial and the authority has no justification to stop the same.

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Due to such inaction of the authorities, the petitioners have filed this writ petition.

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Government Advocate appearing for the State-opposite parties contended that so far as the present issue is concerned, the State Government has nothing to do and it is only the Temple Administration, which has to take a decision.

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Mr. Subrat Satapathy, learned counsel

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appearing on behalf of Temple Administration-opposite parties no.4 and 5 contended that since the grievance

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petitions under Annexure-9 series are pending with the authority, therefore the same may be directed to be considered and disposed of.

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This Court heard Mr. Bhaskar Chandra Panda, learned counsel appearing for the petitioners, Mr. L. Samantaray, learned Additional Government Advocate appearing for State-opposite parties no.1 to 3, Mr. Subrat Satapathy, learned counsel appearing for the Temple Administration-opposite parties no. 4 and 5; and Ms. S. Das, learned counsel appearing for opposite party no.6. Considering the nature of grievance made by the petitioners, this Court is not inclined to adjourn the matter any further and proceeded to decide it.

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Before delving into the issue involved, one has to understand the meaning of “ Danadhyakshya”. As per the Odia Dictionary “Purnachandra Odia Bhasakosh” 4^th Edition assembled by Gopalchandra Praharaj, the meaning of “ Danadhyakshya ” has been prescribed as follows:-

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ଦାନାଧ�କ� – �ା. �ାେଦ (ପୁରୀ ) ବି. (ସଂ . ଦାନା�� ) - Danadhikya ରାଜା ଶାସନ �ାପନ କରିବା ସମୟେର େଯଉଁ �ା ଣ"ୁ ସମ# ଦାନ�ହୀତା �ା ଣ ଅନ�ରୂପମାନ"ର �ତିନିଧ'ରୂେପ ଭୂମି ଦାନ କର)ି; ଦାନାଧକ� ପାଣି�ାହୀ- ଦାନାଧ�

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The Brahman, representing the whole body of donees of rent-free land in a Sasan village, to whose land the Raja of Orissa made the formal gift of the village.

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7.1. “ Danadhyakshya” concept is a very ancient

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one. When a king establishes a Brahman Sasan, powers given to Danadhyakshya to look after the village. Similarly, when Puri Jagannath Temple was established, Danadhyakshya Sevaks were appointed by the king. In return, they were getting their shares for the betterment of the Temple and the devotees those who were visiting the temple were getting Prasad from the share given to Danadhyakshya Sevaks.

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For the entire functioning of Jagananth Temple, different categories of Sevaks, their respective duties and responsibilities, shares, remunerations, all have been prescribed in the Records of Right prepared by the Administration maintained by the office. The

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ancient Temple of Lord Jagannath, Puri has ever since its inception been an institution of unique national and international importance in which millions of Hindu devotees from regions far and wide have reposed their faith and belief and have regarded it as the epitome of their tradition and culture. Long period to and after the British conquest, the superintendence, control and management of the affairs of the Temple were the direct concern of successive Rulers, Governments and their officers. By Regulation IV of 1809 passed by the Governor-General in Council on 28^th April, 1809 and thereafter by other laws and regulations and in pursuance of arrangement entered into with the Raja of Khurda, later designated the Raja of Puri, the said Raja came to be entrusted hereditary with the management

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of the affairs of the Temple and its properties as Superintendent subject to the control and supervision of the ruling power. In view of grave and serious irregularities, Government had to intervene on various occasions in the past.

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The administration under the Superintendent has

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further deteriorated and a situation has arisen rendering it expedient to reorganize the scheme of management of the affairs of the Temple and its properties and provide better administration and governance therefor in supersession of all previous laws, regulations and arrangements, having regard to the ancient customers and usages and the unique and traditional nitis and rituals contained in the Record-ofRights prepared under the Puri Shri Jagannath Temple (Administration) Act, 1952 (Orissa Act XIV of 1952). Thereafter, the State of Odisha enacted Shri Jagannath Temple Act, 1955. In the said Act, under Sub-Section (2) of Section 2, it is envisaged that all laws, regulations and other enactments passed for the purpose of providing for the management of the affairs of the Temple and its properties and all deeds executed in favour of and all arrangements entered into for the said purpose with the Raja of Khurda or the Raja of Puri, as the case may be, prior to the commencement of the Act,

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in so far as such enactments, deeds or arrangements

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are inconsistent with the provisions of the Act, shall cease to have any effect. Under Section 3, it is provided that the Puri Shri Jagannath Temple (Administration) Act, 1952 shall be deemed to be a part of the Act and all or any of the powers and the functions of the State Government under the said Act shall be exercisable by the Committee under the Act from such date or dates as the State Government may by notification direct.

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To provide for the administration of the Puri

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Shri Jagannath Temple preventing mismanagement of the Temple and its endowments by consolidation of the rights and duties of Sevaks, Pujaris and such other persons connected with the Seva, Puja and Management thereof, the State has enacted The Puri Shri Jagannath Temple (Administration) Act, 1952. Section 5 of the said Act provides publication of record, wherein it has been prescribed that the record or a part thereof so prepared from time to time by the Special Officer under Section 3 shall be published in the prescribed manner and on such publication the said record or part thereof shall be

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final and shall not be called into question in any Court of law except in the manner hereinafter provided. Under the proviso to the said Section it is provided that the State Government may, by orders issued from time to time and duly published in the Gazette, direct that the parts of the said record containing various sources of income of the Temple and its endowments and such other matters not already covered by the said parts but relevant thereto shall be further supplemented in such manner as may be specified in the order and the record so supplemented shall, subject to the provisions of Section 6 constitute the final record for the purpose of this Act. Therefore, in exercise of such power and referring to the rules framed thereunder, i.e., The Puri Shri Jagannath Temple (Administration) Rules, 1952, which prescribes preparation of record of rights, the same has been prepared, where in the record of rights published at Sl. No. 119, Sub-Clause 7, Danadhyakshya Seva has been indicated. “Sevak” has been defined under Section 4 (d-1) of Shri Jagannath

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Temple Act, 1955 to the following effect:-

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“Sevak” means any person who is recorded as such in the record of rights or is recognised by a competent authority as a Sevak or his substitute or has acquired the rights of a Sevak by means of any recognised mode of transfer and includes a person appointed to perform any niti or Seva under Clause (i) of Sub-section (2) of Section 21.”

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Section 21(2)(i) of the said Act prescribes as follows:-

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“21. Powers and duties of [Chief Administrator]

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(2) Notwithstanding anything in Sub-section (1) or in Section 5 Chief Administrator] shall be responsible for the custody of all records and properties of the Temple, and shall arrange for proper collections of offerings made in the Temple and shall have power :–

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(i) in the absence of any sevak or his substitute or on the failure on the part of any such person to perform his duties, to get the Niti or seva performed, in accordance with the records-of-rights by any other person.”

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Therefore, this is a right accrued in favour of

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opposite party no.6, which comes within the definition of ‘Sevak’ as he had been discharging the duties of Danadhyakshya Seva , which had been assigned to him. As such, Danadhyakshya Sevaks had been appointed by the King of Puri, therefore, Danadhyakshya Seva cannot and could not have been stopped by the

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authority, which had been performed by the ancestors of opposite party no.6 from time immemorial. By stopping such Seva, the accrued right in favour of opposite party no.6 has been taken away without any rhyme or reason. When opposite party no.6 is willing to discharge his responsibility as Danadhyakshya Sevak, there is no valid and justifiable reason available with the Temple Administration to stop it. As such, such Seva is rendered by opposite party no.6 and his ancestors with an avowed objective to distribute the Prasad among the devotees, who come to Shri Jagannath Temple. This process is not beneficial to any individual like opposite party no.6, rather, it is for the benefit of the devotees at large. This Seva is a recognition to the Brahmins by the ruler, the king, which is hereditary in nature. That could not have been taken away in a flimsy manner, or

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that could not have been stopped without giving opportunity of hearing to opposite party no.6. Hereditary rights could not have been taken away without any justification. Therefore, the opposite parties shall restore such position giving due regard to this

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class of Sevaks, who were performing their duties and responsibilities from time immemorial and, as such, recognising their work they have been placed in the Record of Rights of Shri Jagannath Temple. When such recognition has been given statutorily, the same could not have been taken away by stopping the same abruptly. Thereby, the action of the authorities is arbitrary, unreasonable and contrary to the provisions

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of law. 11. So far as factual matrix as delineated above, there is no dispute that Danadhyakshya Seva is a traditional Niti of the deity, but due to some financial crunch the same was stopped at relevant point of time. But the committee has already taken a decision to revive such Seva for the benefits of the devotees, who will get some Prasad after Danadhyakshya Sevaks are given their share. Therefore, the grievance of the petitioners is well justified. Danadhyakshya Seva No. 119, being one of the Sevas as mentioned at Sl. No. 7 of Record of Rights of the Temple Administration of Lord

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Shri Jagannath, should be revived as it is being performed by the ancestors of opposite party no.6. Since it is a hereditary Seva, as claimed, it should not have been stopped, rather it should have been revived.

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In view of the above, this Court is of the considered view that hereditary Seva of the deity, which has been found place in the Record of Rights should not have been stopped on the plea of financial crunch, when huge amount of money is being spent for the purpose of development of the temple and its administration. There is no dispute before us that different categories of Sevaks are discharging their responsibilities for different Sevas and Nitis of Lord Shri Jagannath. Danadhyakshya Seva No. 119, being one of such Sevas as mentioned in Sl. No. 7 of the Record of Rights, should not have been stopped by the authority merely on the ground of financial crunch. Therefore, in the interest of justice, equity and fair play, this Court directs the Temple Administration, i.e. opposite parties no. 4 and 5 to revive Danadhyakshya Seva , taking into

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consideration the grievance made by opposite party no.6, the petitioners and other devotees under Anenxure-9 series, as expeditiously as possible, preferably within a period of three months from the date of communication this judgment.

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The writ petition is accordingly allowed.

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However, there shall be no order as to costs.

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(DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
M.S. RAMAN, J. I agree.
(M.S. RAMAN)
JUDGE

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Orissa High Court, Cuttack The 05^th February, 2024, Arun

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Signature Not Verified

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Digitally Signed Signed by: ARUN KUMAR MISHRA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Feb-2024 11:17:47

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Narasingh Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Narasingh Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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