Disposed

Sadananda Behera v. the State of Odisha

Orissa HC13 Oct 2025WP(C)/15480/2025

Case brief

AI extract

What is this about?

PIL alleging inaction by State authorities against rampant encroachment on lands belonging to Lord Shree Jagannath. The Court held that Sections 15B, 16 and 16A of the Shree Jagannath Temple Act cast a statutory duty to protect temple property and activate the Odisha Prevention of Land Encroachment Act, declined to decide an intervener's civil title claim, and directed identification and removal o

What did the court decide?

Directions issued to authorities to identify temple lands, correct the Record-of-Rights in favour of the deity, remove unprotected encroachers, and activate statutory provisions promptly.

Sadananda Behera Vs the State of Odisha — Writ and Judicial Review | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15480 of 2025

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Sadananda Behera and Others …. Petitioners

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Represented by Adv.– Ms. A. Mishra, Advocate

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-Versus-

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State of Odisha and Others

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…. Opposite Parties

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Represented by Adv.–

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Mr. D. Tripathy, Addl. Govt. Advocate (State) Mr. Anand Swain, Advocate (OP No.7) Mr. S.K. Nayak, Advocate (Intervener)

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CORAM:

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HON’ BLE THE CHIEF JUSTICE AND

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HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

06.

13.10.2025

1. The present writ petition in the nature of Public Interest

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Litigation (PIL) is taken out by the petitioners claiming themselves to be the public spirited persons raising a concern over the rampant encroachment by the people of several quarters without any reminiscence of right, title and interest over the same and the appropriate authority is showing an apathy in this regard. It is categorically pleaded that the property belonging to the deity, who is regarded as a perpetual minor, cannot be allowed to be decapitated by permitting the encroachers to reap the benefit thereof and, therefore,

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an appropriate writ of mandamus be issued upon the Government or the authority, who is otherwise competent in this regard to take an immediate step.

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2. The directions were passed in the instant public interest litigation from time to time directing the State to disclose the stands and the steps having taken as we find that the property belonging to the deity should remain unencumbered and should not be dealt with in a reckless manner.

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3. Today, when the matter is taken up, the applicants of I.A. No.12107 of 2025 appears to have claimed their protected right in respect of a portion of land belonging to Lord Shree Jagannath and seeking their intervention in the instant public interest litigation. A person cannot be permitted to intervene in a proceeding to decide its right, title and interest in respect of a property as the Court is concerned with the actions/inaction of the Government authorities in not taking any step as ordained in the statute and, therefore, it would not be proper for the writ Court to decide the civil right of a person in such writ petition. Undeniably, the land in question belongs to Lord Shree Jagannath and, therefore, it is an ardent duty of the Court to see that such property remained unencumbered and the persons who have

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occupied the same without any authority of law, should immediately be put in a statutory bracket and appropriate steps to be taken in this regard. It is inconceivable that the Government would remain dormant in not activating the process of law and permit the unauthorized encroachers to remain in the property belonging to the deity as any apathetic approach would frustrate the legislative intent and tacitly allow the unauthorized occupant to reap the benefit and also the usufructs therefrom. The Government shall not be permitted to hide in slumber and remain lethargic in not taking prompt and immediate steps as we noticed that the deity has vast lands/properties across the State and even beyond the territorial jurisdiction of the State; yet the protection and preservation of such property remained a far cry.

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4. Shree Jagannath Temple Act was enacted as far as back in 1955 with an avowed object of providing better administration and governance of Shree Jagannath Temple at Puri and its endowments. The preamble to the said Act resonated the unique features of ancient temple of Lord Jagannath at Puri as millions of Hindu devotees across the globe repose their faith and belief in it. There appears to be a great irregularities in administrative functioning of the temple and

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the religious belief of the devotees being somehow created an anomalous situation for which the Government decided to reorganize the scheme of management of the affairs of the temple and its property in order to provide better administration and governance to preserve, protect and uphold the religious sentiments and beliefs of the devotees across the world. The said Act further envisages the entry to be made in the Record-of-Rights in respect of the land/properties belonging to Lord Shree Jagannath and the power is also conferred upon the Chief Administrator to make necessary changes and/or correction in the Record-of-Rights necessitated by eventuality and/or contingencies provided in Section 15B of the said Act. Section 16 of the Act relates to alienation of temple property and sub-section (1) thereof, starts with the restrictive/negative word that “no movable property of a non-permissible nature can be sold and/or alienated without a previous approval of the State Government”. Subsection (3) of Section 16 pertains to the immovable property recorded in the name of Lord Shree Jagannath and prohibits any transfer unless the administrator or any officer authorized by him in writing in this behalf executes the deed of such transfer by one of the executants. The restriction further appears under sub-section (2) in

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relation to a property to be demised on the basis of a lease beyond five years except with the prior/previous sanction of the State Government. The cumulative effect of sub-sections incorporated in Section 16 conveyed a clear message that the moveable or immovable property of Lord Jagannath cannot be alienated nor encumbered except with the previous sanction and/or permission of the State Government. Section 16A of the Act which was introduced subsequently by way of an amendment brings the provisions of the Odisha Prevention of Land Encroachment Act, 1972 by way of incorporation in respect of unauthorized occupation of any land belonging to the temple.

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4.1. The conjoint reading of the aforementioned sections and its cumulative effect leaves no ambiguity that not only a prohibition/restriction is created in dealing with the properties, moveable or immovable belonging to the temple with the previous sanction or the Government, but statutory duty also casts to remove any encroachment of the temple land by activating the provisions of the Odisha Prevention of Land Encroachment Act.

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5. The Government cannot remain static but have to activate the process of law as the properties belonging to the deities/temples shall

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not be permitted to remain in the occupation of the quarters having no existing or sustainable right to remain thereat.

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5.1. Though the Additional Government Advocate submits that steps have been taken by the appropriate authority but to our dismay such activism is shown after the PIL is filed. The authority is reminded of solemn statutory duty entrusted upon it through a valid legislation.

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5. 2. Be that as it may, we direct the appropriate authority to identify the encroachers over the land belonging to the temple/Lord Shree Jagannath across the State or even beyond the jurisdiction of the State. In the event any land owned by the temple/Lord Shree Jagannath is identified, immediate steps should be taken to remove the encroachers, as permissible in law. The State shall depute an officer who will ascertain and identify the immovable properties recorded in the name of Lord Shree Jagannath and in the event, the documents conferring a title in favour of the temple/ Lord Shree Jagannath is made available and such property is not recorded in the Record-of-Rights in the name of the deity, immediate steps shall have to be taken to record the name of the temple/Lord Shree Jagannath in the Record-of-Rights. The encroachers unless protected

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by a law shall not be permitted to remain in occupation and if by virtue of an incorporation, the provisions of any other Act concerning the encroachers is imbibed within the said Act, the provisions shall immediately be activated and decision would be taken promptly as provided in the statute incorporated by way of a reference in the statute itself and such exercise shall be done with all promptitude and there should not be any apathy or dormant attitude be shown in this regard.

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6. With these directions, the instant writ petition is disposed of. All connected applications filed in the instant writ petition are accordingly disposed of.

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(Harish Tandon) Chief Justice

(M.S. Raman)

Judge

S.K. Jena/Secy.

Signature Not Verified

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Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 19-Oct-2025 12:55:40

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Sadananda Behera v. the State of Odisha

Case brief

What is this about?

What did the court decide?

Sadananda Behera v. the State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Coram

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