NARAYAN GOSAIN Vs. COLLECTOR CUTTACK

JUDGEMENT

(1.) Petitioner No.1 is deity Sri Sri Narayan Gosain of Singapur. Petitioners 2 to 7 are some of the villagers who claim to represent the deity. In this writ petition they have prayed for quashing of Annexures 1 and 2, both relating to long term lease of a tank in favour of opposite party No. 2 for pisciculture. Their case in brief is that the stone image of the deity held in great veneration by the people of Singapur within the former estate of Madhupur remains submerged under the water of the disputed tank within an area Ac. 5.33 decimals appertaining to plot No.141 in Khata No.241 of mouza Singapur throughout the year except on three days during Pana Sankranti. The Sebavats, the residents of Singapur and the people of neighbouring village offer Seva Puja to the deity on the bank and in the water of the tank. During Pana Sankranti the stone image of the deity is taken out of the water of the tank, installed in the temple and is worshipped by thousands of people during the festival. The tank is locally known as Narayan Gosain Pokhari and the land on which the temple has been constructed is called Jatra Padia. The place in due course of time has been sanctified as 'Madhu Tirtha'. After vesting of the estate of Madhupur, the tank and the Jatra Padia were erroneously recorded as belonging to the State in the record-of-rights. Opposite party No. 2 leased out the tank in favour of opposite party No. 3 for a period of ten years for the purpose of pisciculture as evidenced by Annexure-2, an order of opposite party No. 1, Collector, Cuttack and a registered deed of lease dt.8-12-81 (Annexure-1). To raise and rear fish, opposite party No. 3 polluted the water of the tank by mixing cow-dung and obnoxious chemicals. The tank was also fenced for protection. As a result, the water became unfit for drinking and bathing purposes. The devotees of the locality could not offer puja to the deity as and when they liked. Thereby, the customary communal right of the villagers referred to above was invaded and curtailed. Annexure-1 was executed completely ignoring the provisions of Art. 299 of the Constitution of India. According to the petitioners, therefore, it is necessary to quash Annexures-1 and 2 and restore the right of the public in respect of the tank.

(2.) In their counter-opposite parties 1 and 2 have stated that the tank belonged to the Raja of the Madhupur estate which vested with the State according to the provisions of the Orissa Estates Abolition Act, 1951 ('Act' for short). On 27-11-1952, the Raja of Madhupur being the ex-intermediary, filed an application under Ss.6 and 7 of the Act for settlement of Ac. 67.85 decimals of land including the tank with him. By an order dt. 17-5-1969, the Collector under the Act settled the tank with the ex-intermediary by passing the following operative order :-

(3.) Opposite party No.3 filed a separate counter-affidavit and besides endorsing the defence raised by opposite parties 1 and 2 in their counter-affidavit, averred that the deity is the private deity of ex-intermediary and Raja of Madhupur estate and not a public deity. Petitioners Nos.2 to 7 are in no way connected with the affairs of the deity and so they have no locus standi to file the writ petition claiming reliefs on behalf of the deity. There are four tube wells around the tank which are used by the villagers to draw drinking water and so they are in no way inconvenienced for that particular problem. The villagers are free to take their bath and offer Puja to the deity which they actually do. The annual festival during Pana Sankranti is also duly performed. It is stated that the water of the tank is not being polluted in any manner. Cow-dung and harmful chemicals are not mixed with the water. Ground nut oil cakes, paddy powder and Chira Kunda (husk dust) are mixed with the water of the tank as fish feed. A sum of Rs.40,000/- has been secured as loan by opposite party No. 3 for the purpose of pisciculture and if at this stage its leasehold right is interfered with in any manner, the co-operative society will sustain a huge loss.