BAIRAGI MEKAP Vs. SRI JAGANNATH TEMPLE MANAGING COMMITTEE

JUDGEMENT

(1.) PLAINTIFFS are the appellants against a confirming judgment.

(2.) THE suit was filed by the plaintiffs representing the Mekap Nijog and Khuntia niiog of Lord Jagannath for a declaration of their right to collect Bheta and Pindika offered to the deity in Thalis, Parakhas and Jharis near the Bhitar Khata. Bahar khata and Ratna Singhasan of the temple and for a permanent injunction restraining the Administrator of the Jagannath temple or his agent from interfering with their rights of collection in the afore-prescribed receptacles. According to them, they are Sebaks of the deity and the collection of offering made by the pilgrims in Thalis, Parakhas and Jharis is a religious function performed by them which has been recognised in the record-of-rights prepared by the Special Officer under Sri Jagannath Temple Act of 1954 (hereinafter to be referred to as the Act ). It is alleged that the Administrator of the Jagannath temple issued an order on 23-11-1962 to the effect that thenceforth Thali, Parakha and Jhari for collecting Bheta and Pindika are to be substituted by sealed boxes at the appropriate places of collection. As this has interfered with their rights, the suit was filed with the aforementioned prayers.

(3.) THE defendant, the Jagannath Temple Managing Committee constituted under the Act resisted the claim alleging that use of the receptacles Thali, Parakha and jhari has nothing to do with the performance of the religious rites of the deity, and as a matter of fact prior to their introduction, pilgrims used to throw their offerings, on the Ratna Singhasan and on the floor near the Bhitar Khata and bahar Khata. For the purpose of safety and convenience and to prevent pilferage, these receptacles were introduced. Providing receptacles for the offerings is purely secular in nature unconnected with the religious rites of the deity. The duties performed by the plaintiffs in connection with Bheta and Pindika are not religious in nature as they more or less remain as guards at the places of collection, for which service they get a certain percentage as remuneration. Therefore, under section 21 of the Act, the Administrator was quite competent to regulate and alter the receptacles for convenience and prevention of pilferage.