Niranjan Bhatta vs Addl.D.C.P-Cum-Executive
2022 Latest Caselaw 1033 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLMP No.160 Of 2022
                          (Through video conferencing mode)

            Niranjan Bhatta                         ...               Petitioner

                                                    Mr. S.Ch. Mekap, Advocate
                                         -versus-

            Addl.D.C.P-Cum-Executive                ...         Opposite Parties
            Magistrate and others
                                                          Mr.P.C. Panda, AGA

                       CORAM: JUSTICE ARINDAM SINHA
                                      ORDER

03.02.2022 Order No.

01. 1. Mr. Mekap, learned advocate appears on behalf of petitioner

and submits, his client is sought to be removed as head priest of the

Sani Temple. He approached the DCP-Cum-Executive Magistrate

Bhubaneswar but by impugned order dated 8th September 2021 the

Magistrate redirected his client to competent Court/forum. He submits,

the Magistrate ought to have adjudicated the question. He relies on

judgment of the Supreme Court in Gulam Abbas vs. State Of U.P.

reported in AIR 1981 SC 2198, paragraph 7.

2. Impugned order requires no interference. The Supreme Court

in Gulam Abbas (supra) also said in paragraph 7 that petitioners

before it had already got adjudication, determination and declaration in

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their favour by decision of competent civil Courts in earlier litigations.

Petitioner must approach competent Court/forum regarding his claim

for continuing to be head priest.

3. Mr. Panda learned advocate, Additional Government Advocate

appears on behalf of State and has not been called upon to submit.

4. The writ petition is disposed of as above.

(Arindam Sinha) Judge Prasant