RAM CHANDRA DEB Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by the Raja of Puri challenging the constitutional validity of Sri Jagannath Temple Act, 1955 (Orissa act II of 1955) (hereinafter referred to as the Act) passed by the Orissa legislature and published in the Orissa Gazettee dated 4-11-1955.

(2.) THE petition was filed by Sri Ramchandra Deb, who made extravagant claims to the effect that the Temple of Lord Jagannath at Puri (hereinafter referred to as the temple) was the private temple of his family, that all its movcable and immovable properties were also his private properties, and that by passing the Act the Orissa legislature infringed the fundamental rights guaranteed under Articles 14, 19, 26, 27, 28 and 31 (2) of the Constitution. Sri Ramchandra Deb died after the filing of the petition and his son Sri Bira Kishore Deb, was substituted in his place on 5-31957. Mr. A. C. Gupta who appeared for Sri Bira Kishore Deb frankly conceded that the Temple was a public Temple and the properties of the Temple were the properties of the Deity and not the private properties of the Raja of Puri. In view of this concession, the scope of the controversy between the parties has been very much narrowed down and the main question for consideration is whether the Act infringes the fundamental rights guaranteed under Articles 25 and 26 of the constitution. Mr. Gupta urged as a subsidiary point that Articles 14, 19 and 31 (2)may also be attracted.

(3.) THE Orissa Legislature first attempted to control public Hindu Religious endowments in Orissa by passing the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939 ). This Act was repealed and reenacted with several additions and modifications by the Orissa Hindu Religious Endowments Act 1951 (Orissa Act II of 1952) which has brought into force with effect from 1-1-1955. Some attempts were made by the Commissioner of Endowments appointed under the said Acts, to control the administration of the Temple and its endowments. But the Legislature thought that special legislation was necessary for the Temple in view of its unique character. As a first step in this direction, the Orissa Legislature passed an Act entitled the puri Sri Jagannath Temple (Administration) Act 1952 (Orissa Act XIV of 1952), with the main object of securing an accurate record of rights and duties of the innumerable sebaks, pujaris and other persons connected with the management of the Temple and its endowments. Section 3 of that Act conferred power on the state Government to appoint a Special Officer for the preparation of such a record of rights, and Section 4 conferred consequential and ancillary powers on that officer. That Act was amended by the Puri Sri Jagannath Temple (Administration) (Amendment) Act, 1954 (Orissa Act I of 1954} by which finality was given to the record of rights as prepared by the Special Officer and published in the prescribed manner, subject to the right of the aggrieved party to challenge the correctness of any entry in the said record of rights by an application before the District Judge Sri lakshman Panda, a senior Officer of the Orissa Judicial Service, was appointed special Officer for the preparation of the record of rights and his report was published in several parts; Part I being published on 15-3-1954. It gives an exhaustive review of the history of the Temple, the connection of the various Rajas of Puri with the Temple, the innumerable Nitis and festivals associated with the Temple and other particulars. With the consent of both parties this report of the Special Officer (Ext. A) was taken as the main basis for the purpose of examining the constitutional validity of the Act. Mr. Gupta on behalf of the petitioner stated that for the purpose of this petition he would not challenge the correctness of the facts stated in the Report, but would argue the constitutional question on the basis of those facts as well as on the basis of the preamble and other provisions of the Act.