BHIMSEN GOCHHIKAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by one of the sebaks of the Temple of Lord Jagannath at Puri, known as Pratihari, for a declaration that the Shri Jagannath Temple Act (1954 (Act 11 of 1954), (hereinafter referred to as the Act), is ultra vires the State Legislature and not capable of being given effect to.

(2.) THIS petition was heard along with O. J. C. , No. 321 of 1955 : (AIR 1959 Orissa 5) (A) in which the Raja of Puri challenged the validity of the Act. Most of the constitutional questions have been fully discussed in my judgment in that petition which has been delivered today. Mr. M. Mohanty on behalf of the petitioners, laid special emphasis on the fact that the Temple of Sri Jagannath at Puri (hereinafter referred to as the Temple) belongs to a special sect of Hindus known as the followers of "jagannath Dharma" who form a separate denomination of their own, within the meaning of Article 26 of the Constitution. This question has been fully discussed in my judgment in O. J. C. , 321 of 1955 : (AIR 1959 Orissa 5) (A) and it is unnecessary to repeat it here.

(3.) A few special points that were taken up in this petition may now be noticed. The petitioner and other Pratiharis who form an association known as Pratihari Nijog are undoubtedly hereditary sebaks of the Temple whose rights have been recorded in the record of rights prepared by the Special Officer, under the Orissa Sri jagannath Temple (Administration) Act 1952 (Orissa Act XIV of 1952 ). That record is final subject to the decision of the District Judge on an application made by a sebak, as provided in Section 6 of that Act, as amended by Orissa Act I of 1954. By Section 8 of the Act the provisions of Orissa Act XIV of 1952 were made apart of the Act. Mr. M. Mohanty on behalf of the petitioner attacked the definition of the expression "endowment" occurring in Section 2 of the 1952 Act. Especially the Explanation to that definition. For the purpose of appreciating bis argument, it will be useful to quote the relevant provisions of that Act :