BIJAYA KUMAR NAIK Vs. COMMISSIONER OF HINDU RELIGIOUS

JUDGEMENT

(1.) THE Petitioner seaks for a direction to opp. parties 2 and 3 to enter into an agreement allowing him to sell 'Ghia Dipa' as well as 'Sankha Sindur' in the premises of the deity 'Dakheswari Bhagabati' Banpur under Annexures -2 and 3 by cancelling the auction settled in favour of opp. party No. 4.

(2.) THE short facts of the petitioner's case is that the deity 'BhagabatiThakurani' situated at Banapur in the district of Khurda is managed by a Board of Trustees. Devotees from all over the country used to come for Darshan of the deity and as a token of offer, they used to offer 'Juan Bhog', Ghia Dipa, agarbatti, bangles, Vermilion and other such puja articles, it is assessed that since the income of the deity was reduced due to settlement of the lands in favour of the tenants under the O.L.R. Act, the Management, in order to augment the finance, auctions the right -to sell Ghia Dipa, Sankha Sindur and other such article's within the premises of the temple and settles (he same with the highest bidder. The petitioner being the highest bidder for the year 1994 -95, was settled with the same and he had no arrears. But, however, it is alleged that opp. parties 2 and 3 without taking into account the income by way of rent, decided to bifurcate the items separating auction of Ghia Dipa from Sankha Sindur and other items. A notice for auction was published on 18.3.1996 for Ghia Dipa fixing 22.3.1996 as the date of auction vide Annexure -2. Another notice for Sankha, Mali, Chudi and other articles was published vide Annexure -3. It is alleged that in response to the notice in Annexure -2, the auction was held but as none of the bidders quoted the off set price fixed by opp. party No. 2 the auction was shifted to 26.3.1996 and even then none of the bidders could come up to the off set price. However, the petitioner expressed his willingness to take the 'Ghia Dipa' at Rs. 160/ - per day and requested opp. parties 2 and 3 for settlement of the said right in his favour by his application under Annexure -6. It is alleged that on 29.3.1996, the petitioner also filed an application before the opp. party No. 2 to allot him all the items and he offered a price of Rs. 250/ - per day, which according to the petitioner, is more than the amount fetched due to bifurcation of the items. The right to sell Sankha Sindur was settled with opp. party No. 4 at Rs. 40/ - per day and the right to sell Ghia Dipa was settled with the petitioner at Rs. 158/ - per day and thus, the total amount came to Rs. l98/ - as against which the offer made by the petitioner being Rs. 250/ - for both the items, the deity was sustaining a loss of Rs. 52/ - per day because of the wrong decision of the Management. The petitioner alleges mala fide, favouritism and illegality committed by the Management for obvious reasons.

(3.) HAVING heard the learned counsel for the parties and after going through the records it transpires that the petitioner was settled with Ghia Dipa shop for an amount of Rs. 158/ - per day on negotiation and has executed an agreement with opp. party No. 2 for a period of one year with effect from 1.4.1996. Opp. party No. 4 had participated in bid and being the highest bidder the Sankha Sindur shop was awarded to him and he has also executed an agreement for one year on 30.3.1996 with effect from 1.4.1996. The petitioner has not taken part in the auction for the Sankha Sindur shop and the highest bidder opp. party No. 4 having been settled with the shop in question the Management cannot be faulted nor there has been any illegality or infirmity in the settlement.