CHINTAMANI KHUNTIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The writ application has been filed by two groups of sevaks of Lord Jagannath at Puri challenging the constitutional validity of Sections 28-B(5) and 28-C(5)(a) and 28-C(9) inserted to the Jagannath Temple Act by Jagannath Temple (Amendment) Act, 1983 (hereinafter called "the Amendment Act") and for declaring the same as ultra vires being hit by Articles 14, 25, 26 and 300-A of the Constitution of India.

(2.) There are different groups of sevaks called "Nijogs" who perform different sevas of the Lord. The petitioners 1 and 2 are khuntia sevayats of Lord Jagannath and belong to the association of sevaks called "Khuntia Nijogs". Similarly petitioners 3 and 4 are mekap sevayats of Lord Jagannath and are called as "Mekap Nijogs". The aforesaid petitioners purport to represent the members of respective, Nijogs and have prayed for the aforesaid declaration being affected by the restrictions imposed on them by the introduction of the aforesaid sections in the Amendment Act.

(3.) In order to provide and consolidate the rights and duties of the sevaks and Nijogs and such other persons connected with the seva puja and management of the temple of Lord Jagannath, "Puri Shri Jagannath Temple (Administration) Act, 1952" (Orissa Act XIV of 1952) (hereinafter called "the 1952 Act") was enacted and became operative with effect from 31/07/1951 and record of rights consolidating and recording the rights and duties of different sevaks and such other persons connected with the sevapuja and management of the temple and its endowments was prepared in accordance with the provisions of the said Act, The rights and duties of khuntia sebayats and that of mekap sebayats have been classified under Seva Nos. 13 and 15 respectively in the record of rights. The petitioners claim that they are entitled to a portion of the offerings called 'Bheta' and 'Pindika' collected'in the premises of the temple which rights stands recognised and recorded in the said record of rights. After the record of rights was-prepared and published. Sri Jagannath Temple Act, 1954 .(Orissa Act 11 of 1955) (hereinafter called as the 1955 Act) was passed and came into force on 15-10-1955. The said Act contained the provisions for management of the aforesaid temple and its properties. Under the said Act, a Committee called "Sri Jagannath Temple Managing Committee" was constituted and an Administrator was appointed. He was given certain powers including the power to decide disputes relating to collection, distribution and apportionment of offerings to the deity and also to decide disputes relating to rights, privileges, duties and obligations of sevaks, office bearers and servants in respect of seva puja and nities of the Lord and to supervise and regulate the due performance of nities by various groups of sevaks and other persons in accordance with their respective duties in time as recorded in the record of rights. The petitioner's case is that not only the record of rights prepared under the 1952 Act was recognised by the latter 1955 Act, but their rights, privileges and customary right to receive a portion of the offerings to the Lord were protected and they continued to enjoy such rights as emoluments which they claim as inseparable part of their seva. It is alleged that by the Sri Jagannath Temple Amendment Act, 1983 (Orissa Act 10 of 1983) in which some new sections were inserted the details of which shall be enumerated later on the aforesaid right of these groups of sevaks to appropriate a portion of the offerings has been taken away which is sought to be declared as ultra vires in this writ petition being hit by Articles 14, 25, 26 and 300-A of the Constitution. 3A. According to the petitioners, they are entitled to one .anna share in Bheta and Pindita, the meaning of which terms is not disputed in this case. The word "Bheta" means'"presents given to the deity by pilgrims while paying darshan. The word "Pindika" means "the presents given to the deity at the pedestal while paying darshan to the deity". 'Puma Chandra Oriya Bhasakosh' complied by late Gopal Chandra Praharaj defines the same terms as above. Among the sevaks, as already stated, the nature of seva of 'Khuntias' and 'Palia Mekaps' has been mentioned in serial Nos. 13, and 15 respectively in Part III of Record of Rights. Incidence of service of Khuntias has been described at pages 88 to 91 of the said record of rights. Similarly the incidence of service rendered by Mekaps has been described at pages 116 to 119 of the said record of rights. At page 117 it has been specifically noted that during 'Sahanamela' (which refers to the period of time when the pilgrims are allowed to go near the "Ratna Sinhasan" of Lord Jagannath to pay darshan and make offerings) whatever is offered on the pedestal to the Lord, the Mekap sevaks shall collect the offerings standing near the pedestal to the extent their hand reaches (which is called as "Pochha") and they are also entitled to collect the Pindika which is fallen on the ground. It also mentions that this collection along with the collections made for Lord Jagannath at various places inside the premises such as "Sinhadwara", "Aruna Stambha", "Garuda Stambha", "Jaya-Bijaya Dwara" etc. shall be collected by them and they shall appropriate one anna out of a Rupee along with Khuntia sevaks. At some other places in the record of rights such entitlement of the Khuntias and Mekaps also finds mention.