The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.355 of 2023 In the matter of an application under Articles 226 and 227 of the Constitution of India. Purna Chandra Mohapatra …. Petitioner State of Odisha and Ors. …. Opposite Parties -versus- Advocates appeared in the case through Hybrid Mode: : For Petitioner Mr. Sukanta Kumar Dalai, Adv. For Opposite Parties. : Mr. G.R. Mohapatra, ASC Ms. P. Naidu, Adv. (for O.P.3) Mr. Alok Ku. Panda, Adv. (for O.Ps.7 to 14) CORAM: Dr. JUSTICE S.K. PANIGRAHI DATE OF HEARING:-20.07.2023 DATE OF JUDGMENT: -24.08.2023 Dr. S.K. Panigrahi, J. 1. In this CRLMP, the Petitioner has challenged the inaction of the Opposite Parties more particularly the Opposite Party No.2/ Director General of Police, Odisha, Cuttack in acting upon the letter dated 17.01.2023 issued by the Opposite Party Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 1 of 19 No.3/Commissioner of Endowments, Odisha, Bhubaneswar for prevention of criminal activities in the premises of Sri Siruli Mahavir Deb, At/P.O.- Siruli, P.S.- Chandanpur, District- Puri by promptly instructing the law enforcing authorities more particularly the Opposite Party No.4/ Superintendent of Police, Puri to prevent such criminal activities in the premises of the Deity for smooth performance of rituals. He also seeks direction from this Court to the Opposite Parties more particularly the Opposite Party No.4/ Superintendent of Police, Puri to depute adequate police forces for smooth performance of rituals of the Deity and for protection of the Sevayats. I. FACTUAL BACKDROP OF THE CASE: 2. The Petitioner is the brother of Jagabanhu Mohapatra and son of Late Birbar Mohapatra. He is one of the hereditary Sevayats
Legal Reasoning
allegations had approached this Court in W.P.(C) No.23369 of
Arguments
having hereditary right over Sri Siruli Mahavir Dev situated at Siruli under Chandanpur Police Station in the district of Puri. The Petitioner was performing his Seva Puja since a long time. The Savayats are authorized by the competent authority for performing the said Puja of Sri Siruli Mahavir Dev. The petitioner and other family members have also devoted themselves to perform Seva puja and earn a livelihood by performing Seva Puja of Sri Siruli Mahavir Dev. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 2 of 19 3. Due to political hostility, the Opposite Parties especially the Opposite Party Nos.7 to 14 acting upon a personal grudge against the innocent Brahmins tried to create disturbance and also restricted the present Petitioner along with other from entering the temple premises to discharge their Seva Puja. Accordingly, the matter was reported to the authorities including the Opposite Party No.3/ Endowment Commissioner, Odisha, Opposite Party No.4/ Superintendent of Police, Puri and Opposite Party No.6/ Inspector-in-Charge, Chandanpur Police Station, but in vain. 4. The present Petitioner along with other Sevayats have been entrusted by the Executive Officer to perform daily Seva Puja and the register has been maintained for the said purpose. Therefore, it is evident that the Petitioner and others have actively participated in the daily Seva Puja. Any interruption thereto has created disruption in the day-to-day activities of Seva Puja of Sri Siruli Mahavir Dev. 5. In the meantime, considering the representations of the Petitioner and others, the Deputy Commissioner, Endowments, Odisha, Bhubaneswar vide letter dated 25.08.2022 has requested the Opposite Party No.4/ Superintendent of Police, Puri to instruct the S.D.P.O. and Inspector-In-Charge, Chandanpur Police Station to take appropriate steps to prevent any criminal activities by any Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 3 of 19 person including villagers affecting/disrupting the rituals of the Deity. Though the aforesaid letter has been communicated to the Superintendent of Police, Puri since 25.08.2022, but till date no step has been taken by the Superintendent of Police, Puri. The criminal activities of the indisciplined villagers have prevented the present Petitioner and others from performing their day-to-day seva activities. In view of the inaction of the I.I.C., Chandanpur and in light of the order of the Commissioner, the Sevayats had approached the Opposite Party No.4/ Superintendent of Police, Puri ventilating their grievance on 26.08.2022. However, the same was in vain. 6. On earlier occasion, the other Sevayats on the same
Decision
2022 which was disposed of as withdrawn on 12.09.2022 with liberty to file a better application in the form of CRIMP. In view of the aforesaid observation/ direction, the Petitioner and others once again had approached this Court in CRIMP No.1952 of 2022. On 26.09.2022, this Court directed the State Counsel to obtain instruction pertaining to the alleged inaction of the police and the case was posted to 14.10.2022. On the relevant date, due to some reason, the matter could not be listed and by the next date i.e. on 27.10.2022 the aforesaid CRLMP was dismissed with the following orders: Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 4 of 19 “CRLMP NO.1952 OF 2022 I.A No.371 of 2022 ORDER No.2 Dtd. 27.10.2022 02. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode. 2. The Petitioners, claiming themselves to be having the hereditary right over the Deity (Sri Siruli Mahavir Dev), have filed this application to implead them as the interveners so as to have their say during hearing of the application filed by the petitioners giving rise to CRLMP No.1952/2022. 3. Heard. 4. Considering the submissions made and going through the averments taken in the application as well as on the documents annexed thereto, the prayer is allowed to the extent that these Petitioners would be heard in the CRLMP. 5. The I.A stands disposed of. Sd/-xx xx xx xx. CRLMP No. 1952/2022 Order No.3 Dtd. 27.10.2022 1. This matter is taken up through hybrid arrangement (virtual/physical) mode. 2. The Petitioners, by filing this Application has invoked the jurisdiction of this court under Article 226 of the Constitution of India in praying: "(i) for a direction in the nature of writ of mandamus shall not be given to the law enforcing authority more especially Opp.Parties No.3 to 5 in taking prompt action on the request letter of the Deputy Commissioner Endowments dtd.25.08.2022 forthwith in providing adequate security in the temple premises to maintain law Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 5 of 19 and order situation to secure ends of justice; (ii) to declare the inaction of the Opp.parties more especially No.3 to 5 as illegal, arbitrary and contrary to the rule of law; and (iii) to allow the petitioners to perform their seva puja of Sri Siruli Mahavir Dev by providing adequate security." 3. Heard learned counsel for the Petitioners, learned counsel for the state and the learned counsel for the interveners. 4. Considering the submissions made and going through the averments taken in the Application as well as on the documents annexed thereto, further keeping in view the litigations pending before the Endowment and other Authorities with the situation as it stands at present; this Court is not inclined to entertain this Application with the prayers as have been advanced therein. 5. Accordingly, the Application stands dismissed. Sd/-xx xx xx.” 7. On the relevant date i.e. on 27.10.2022 before taking up the matter, some of the interveners appeared in the said case and filed their intervention petition vide I.A No.317 of 2022. Considering their argument and contentions to be parties to the CRLMP, prayer was allowed and on the said order the CRLMP got dismissed on the ground that litigations are pending before the Endowment Commissioner and other authorities. 8. On perusal of the contentions made in the intervention petition specifically paragraph 5 and the arguments advanced by the Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 6 of 19 interveners which impressed upon the Court to allow the Writ Petition. But, later on, it could not be pointed out at the time of hearing because the Intervention Petition was served upon the petitioners at the time of hearing. The relevant contentions which appears to be very shocking are as under: “The present petitioners without adhering to the decision of the Committee constituted by nearby 12 nos. villages, created disturbances for which a meeting was convened on 30.03.2022 and a decision was taken not to allow the disturbing elements to conduct seva puja and the concerned authorities were requested to take against them.” 9. On perusal of the aforesaid statements, the Opposite Parties have admitted that they have taken the law to their hands, they have ignored the authority of the Endowment Commissioner and despite direction of the Endowment Commissioner, the Enforcing Authorities have bent down on the term of the Opposite Party Nos.7 to 15. 10. Being aggrieved by the inaction of the Endowment Commissioner and other authorities, the Sevayats once again approach this Court in W.P.(C) No.29850 of 2022. Considering the grievance thereupon, this Court vide order dated 11.11.2022 dismissed that Writ Petition with following orders: “1. Mr.Mishra, learned Senior Advocate appears on behalf of petitioners and submits his clients Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 7 of 19 and S.D.P.O. Inspector are Palia Sevaks. They faced obstruction and prevention from performing Sevapuja. They the Deputy Commissioner of approached Endowments, who by letter dated 25th August, 2022, Puri and requested issuance of instruction to -in-charge, Chandanpur Police station to take appropriate steps. 2. On police inaction his clients moved the Single Bench by CRLMP No.1952 of 2022. On the dated 27th October, 2022 the application was dismissed. In the circumstances, his client again approached the Deputy Commissioner seeking necessary action and making appropriate direction to provide adequate police force for performance of Sevapuja. 2. Mr.Sharma, learned Advocate, Additional Government Advocate appears on behalf of State. On query from court he submits, petitioners’ grievance appears to be police inaction. 3. At this stage Mr. Mishra prays for leave to not press the writ petition before the Division Bench and liberty to apply for recall of said order in view of his dated 27th October,2022, contention corroborated by State that this matter relates to police inaction. 4. Petitioners are entitled in law to apply for review/recall. Time spent in prosecuting this writ petition may be excluded in applying for review/recall. 5. The writ petition is dismissed.” 11. That, on perusal of the aforesaid order, it is clear that on considering the statement of the Additional Government Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 8 of 19 Advocate as earlier observed by the Division Bench of this Court that the present issues involves inaction of the police again directed to prefer CRLMP and also granted liberty to file recall of the order dated 27.10.2022. 12. Accordingly, the Sevayats in the CRLMP again filed recall of the order. This Court accepted the I.A. on 19.12.2022 and directed the Opposite Parties to file their response on the issues involves. During course of hearing, the Opposite Parties more particularly the endowment authority and the State filed their respective replies in furnishing report dated 28.11.2022 of the Inspector Endowments and counter dated 06.12.2022. In view of the report dated 28.11.2022 of the Inspector Endowments, the Commissioner-cum-Endowment again directed to the Superintendent of Police, Puri to take prompt action vide letter dated 29.11.2022. However, despite all those sequence of events, this Court did not entertain the application and dismissed the I.A. vide order dated 06.01.2022 with following orders:- “I.A. NO.404 OF 2022 1. This matter is taken up through hybrid arrangement (virtual/physical) mode. 2. The Petitioners by filing this application have prayed for review/recall of the order dated 27.10.2022 passed by this Court in disposing CRLMP No.1952 of 2022. It is pertinent to state here that after the aforesaid order, the Petitioners Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 9 of 19 had approached had moved this Court in W.P.(C) No.29850 of 2022. It was therein submitted that although the the Deputy Petitioners Commissioner, seeking necessary action and appropriate direction to provide adequate police force for performance of Seva Puja, that was not favourably considered. Then on the prayer of the learned Counsel for these Petitioners seeking leave to apply before for review/recall of that order by not pressing that writ petition; the order has been passed that the Petitioners are entitled in law to apply for review/recall. 3. Heard Mr. S.K. Dalei, learned Counsel for the Petitioners, Mr. S.K. Nayak, learned Additional Government Advocate for the Opposite Party Nos. 1, 3 to 5 and Mr. A.K. Nath, learned Counsel of 2 for the Opposite Party No.2 as well as Mr. A.K. Panda, learned Counsel for the Intervenors. 4. Taking into account the submissions made and on going through the averments taken in the application as well as the documents annexed thereto, finding on such error apparent on the face of the record to review the earlier order dated 27.10.2022; this Court inclined to entertain this application. 5. The I.A. is accordingly dismissed. Issue urgent certified copy as per rules.” is not 13. While this was the position and due to aforesaid observation the culprits were encouraged and by virtue of not entertaining the said CRLMP and in accepting the intervener application justifying their stand, they took over complete possession of Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 10 of 19 the temple and the Petitioner and the administration are now on the receiving end. 14. Being aggrieved by the action of the miscreants, the Opposite Party No.3/ Commissioner of Endowments, Odisha once again issued the letter dated 17.01.2023 to the Opposite Party No.2/ Director General of Police, Odisha for prevention of criminal activities in the premises of Sri Siruli Mahavir Dev, At/P.O- Siruli, P.S-Chandanpur, Dist-Puri by promptly instructing the Law Enforcing authorities more particularly Opposite Party No.4/ Superintendent of Police, Puri to prevent such criminal activities in the premises of the deity and to allow the hereditary sevayats forthwith to perform daily Seva Puja. Despite the said letter to the Director General of Police by the endowment authority, when nothing could be changed, the temple still under the possession of the culprits and rule of law having been thrown to the air by the law enforcing authorities and, the entire police department having surrendered to the culprits i.e. the Opposite Party Nos.7 to 14, the Petitioner along with other Sevayats are compelled to approach this Court. II. SUBIMISSIONS ON BEHALF OF THE PETITIONER: 15. Learned counsel for the Petitioner submitted that due to inaction of the police in not providing adequate police protection in the temple premises, the Sevak Palias have been Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 11 of 19 prevented performing their seva puja and by this process not only the rule of law has been surrendered at the whims of the local political leaders but also great prejudice has been caused to the Petitioner and others. For the reasons, the entire family members of the Petitioner and others are now on the verge of starvation. 16. He further submitted that the Opposite Party Nos.7 to 14 are the supporters of the ruling party i.e. Biju Janata Dal. So, the law enforcing authorities have become helpless and an instrumental of the ruling party. 17. Referring to the admission made in paragraph-5 of the intervention petition, it is very clear that the local villagers contrary either to the statutory provisions or to the decision of the Endowment Commissioner have taken the law into their hands and have prevented the petitioners from earning their livelihood. 18. It was also submitted that in view of Article 26 of the Constitution, the State Government has formulated Special statute for controlling and supervising the day to day activities of temples and when the Petitioner and other Sevayats by the approval of law have been entrusted to perform their seva puja and subsequently preventing them due to inaction of police, the petitioners have lost their livelihood which hits Article 21 of the Constitution of India. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 12 of 19 19. In view of the above, he submitted that this Court should be kind enough to entertain this Petition by giving proper direction to the Police authorities in providing adequate police protection to see that rule of law should be prevailed. 20. By this process not only the present petitioner along with other seventeen sevayats including their family members are in starvation but also the day to day seva activities have been interrupted and the people at large have been affected. The inaction on the part of the Superintendent of Police in performing his duties in proper manner and failure in implementing law and order activities in the locality has compelled the Petitioner to approach this Court in the present form. Therefore, the Opposite Parties/ State may be directed to act accordingly to prevent rule of law. III. SUBIMISSIONS ON BEHALF OF THE OPPOSIE PARTEIS/ STATE: 21. Learned counsel for the State submitted that pursuant to the order dated 27.02.2023 of this Court, the Superintendent of Police, Puri visited the temple and deputed one platoon force and allowed the Petitioner and others on 7th of March, 2023 to perform their Puja and directed the S.D.P.O., Puri and I.I.C., Chandanpur Police Station to look into the matter. On the very next date, the S.D.P.O and I.I.C. along with the Sub- Collector, Puri came to the temple and fixed a meeting for Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 13 of 19 amicable settlement on 14th of March, 2023. On that day, a meeting was convened and the Petitioner along with other sevayats observed that the entire administration had surrendered to the whims of the villagers. Accordingly, they agreed to all the conditions made by the villagers and also the villagers put a very unreasonable condition to put out sacred thread of the Petitioner with penalty individually to allow them to perform puja, which were granted by the administration. The Administration directed the Petitioner and others to approach the villagers and did not finalise anything. On 15th of March, 2023, the Petitioner approached the villagers but they did not accept his application only on the ground that the Petitioner had approached this Court. These facts were also admitted by the Petitioner by way of an affidavit. In such view of the matter, the Opposite Party No.3/ Commissioner of Endowment, Odisha was directed by this Court vide order dated 22.03.2023 to issue notice to both the parties before 28.03.2023 and convene a meeting for amicable settlement between them. The Superintendent of Police, Puri and both the counsels were also directed to remain present in the meeting in order to avoid any disturbances. The report of such meeting would be placed before this Court on or before 29.03.2023. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 14 of 19 IV. SUBMISSIONS ON BEHALF OF THE O.P.3/ COMMISSIONER OF ENDOWMENTS: 22. Learned counsel for the Opposite Party No.3 had filed an affidavit stating therein that pursuant to the order dated 22.3.2023 of this Court with regard to submission of the report of the meeting, one meeting was held in the chamber of the Opposite Party No.3/ Commissioner of Endowments/ Odisha on 38.03.2023 in presence of the Additional Superintendent of Police, Puri (in absence of S.P, Puri), S.D.P.O, Puri Sadar, I.I.C, Chandanpur Police Station, Sri S.K. Dalai, learned counsel for the Petitioner, Sri Alok Kumar Panda, learned counsel for the Opposite Party Nos.7 to 14, the Petitioner and the Opposite Party Nos.7 to 14. A detail discussion was made between the parties and officials regarding the present nitikanti of the deity and prevailing disputes. Both the parties were allowed to put their grievance before the above stated officials. After thorough discussion, both the parties agreed for amicable settlement of the prevailing dispute by convening a meeting in their village on 29.03.2023 or on 30.3.2023, and they will furnish the written Resolution of their meeting before the Commissioner of Endowments on or before 03.04.2023. The Petitioner and the sebayats allegedly deprived who were present and agreed on the above decision. The S.D.P.O, Puri Sadar/ Opposite Party No.5 and the I.I.C, Chandanpur Police Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 15 of 19 Station/ Opposite Party No.6 were instructed to keep a close watch over the situation and the conduct of the parties concerned relating to the sebapuja of the deity Sri Sri Siruli Mahabir Dev. V. AFFIDAVIT FILED BY THE PETITIONER: 23. The petitioner had filed the second affidavit stating therein that in view of the direction of this Court, the Opposite Party No.3/ Commissioner of Endowments/ Odisha had convened a joint meeting in his chamber at Bhubaneswar on 28.03.2023. In course of settlement, the Commissioner of Endowments had been pleased to direct the Villagers to convene a meeting in the village to settle the issues among themselves in respect of Sebayats along with the Petitioner in an amicable manner which were agreed by the parties. Accordingly, the villagers convened a meeting on 02.04.2023 and in course of the settlement, the villagers did not consider any of the issues of the Petitioner and also did not allow him to participate in the meeting. In respect of other Sevayats, following conditions were put:- a) To give black signature with plain paper and vakalatnama. b) Again forced to put out sacred thread. c) Imposed penalty in respect of different sebayat which are as under. i) Nabakishore Mohapatra of Rs.1,10,000/-. ii) Gadadhar Panda of Rs.1,00,000/-. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 16 of 19 iii) Fakir Panda of Rs.1,50,000/-. iv) Dukshishyam Mohapatra of Rs.1,10,000/-. v) Rabindra Mohapatra of Rs.1,50,000/-. vi) Sudarshan Mohapatra of Rs.50,000/-. vii) Ranjit Mohapatra of Rs.1,10,000/-. viii) Satyapriya Panda forced to record one building in the name of villagers. The present Petitioner was not allowed to participate in the meeting declaring him as outsider. All the sevayats except Ranjit Mohapatra and Satyapriya Badapanda agreed to the proposal of the villagers and deposited the penalty amount before the villagers. 24. In view of the above, the Petitioner and Sri Ranjit Mohapatra and Satyapriya Badapanda could not comply with the terms of the villagers. Therefore, these three individuals have been debarred from their seva puja in the terms of the villagers. 25. The aforesaid meeting was headed by the President (Trilochan Biswal) of the Village Committee and entire leading were taken by Baban Biswal and Purna Chandra Baral (Secretary). VI. CONCLUSION AND ORDER: 26. The Opposite Party No.3/ Commissioner of Endowment, Odisha was directed by this Court vide order dated 22.03.2023 to issue notice to both the parties before 28.03.2023 and convene a meeting for amicable settlement between them. The Superintendent of Police, Puri and both the counsels were Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 17 of 19 also directed to remain present in the meeting in order to avoid any disturbances. 27. Accordingly, the villagers convened a meeting on 02.04.2023 and in course of the settlement, the villagers did not consider any of the issues of the Petitioner and also did not allow him to participate in the meeting. The present Petitioner was not allowed to participate in the meeting being declared as an outsider. All the sevayats except Ranjit Mohapatra and Satyapriya Badapanda agreed to the proposal of the villagers and deposited the penalty amount before the villagers. In view of the same, the Petitioner and Sri Ranjit Mohapatra and Satyapriya Badapanda could not comply with the terms of the villagers. Therefore, these three persons have been debarred from their seva puja in the terms of the villagers. 28. Learned Counsel for the State has also mentioned that the Petitioner was not allowed to participate in the meeting. It is also not disputed that the issues presented by the petitioner were not discussed in the meeting. Additionally, the Petitioner along with two other persons have been debarred from their seva puja as per the terms of the villagers. 29. The attitude and the conduct of the villagers with regard to the conditions imposed by them cannot be entertained. They do not have an authority with regard to the rituals performed. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 18 of 19 It is obvious that smooth functioning of the seva puja cannot be expected without an amicable settlement between the parties. However, the same cannot be achieved with an authoritative and vexatious attitude of the villagers. 30. In light of the aforesaid discussion, this Court hereby directs the Opposite Party No.4/ Superintendent of Police, Puri to ensure that adequate police forces are provided for smooth performance of rituals of the Deity and for protection of the Sevayats. Additionally, the Opposite Party No.3/ Commissioner of Endowments, Odisha, Bhubaneswar is hereby directed to ensure that the parties have reached an amicable settlement without any form of arbitrary conditions being imposed by either parties. 31. Accordingly, this CRLMP is disposed of being allowed. Judge ( Dr. S.K. Panigrahi ) Orissa High Court, Cuttack, Dated the 24th August, 2023/B. Jhankar Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 15:30:22 Page 19 of 19