Nilachala Saraswata Sangha vs (3) Issue Rule Nisi Calling Upon ...
2022 Latest Caselaw 4862 Ori

           IN THE HIGH COURT OF ORISSA, CUTTACK

                         O.J.C. NO.8314 OF 2000
     In the matter of an application under Articles 226 and 227 of the
     Constitution of India.
                                     -----------------

Nilachala Saraswata Sangha, Puri & others .......Petitioners

-Versus-

Senior Superintendent of Post Offices, Bhubaneswar Division & others ...... Opp.parties

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Advocate(s) who appeared in this case through Hybrid mode:

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For Petitioners - M/s. N.K. Sahu, S. Das, B.S. Panigrahi, S. Misra, Advocates M/s. S.P. Mishra, P.K. Mohapatra, S. Dash, B. Mohanty, Advocates M/s. Jagannath Patnaik, S. Pattnaik, A.K. Mishra-2, Advocates

For Opp.parties - M/s. S.S. Rao, B. Muduli, B.K. Mohanty, Advocates M/s. B. Mishra, B. Pujari, B. Muduli, K.K. Mishra,S.S. Tripathy, Advocates

PRESENT:-

THE HON'BLE SHRI JUSTICE SATRUGHANA PUJAHARI

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Date of judgment:- 20.09.2022

S. PUJAHARI, J. This writ petition under Articles-226 & 227

of the Constitution of India has been filed by the

petitioners claiming to be the President, Secretary and

// 2 //

Treasurer respectively of Nilachala Saraswata Sangha

with the following prayers :-

"(1) Admit the writ application.

         (2)    call for the records.

         (3)    issue rule Nisi calling upon the opposite

parties to show cause as to why the petitioner no.2 & 3 shall not be allowed to operate the postal savings Bank Accounts referred to in Annexure-4 and 9 Series and why the postal authorities should not be directed to pay the interest applicable to Savings Bank deposits since the date of last transaction.

And

if the opposite parties do not show cause or show insufficient cause then issue a writ in the nature of mandamus directing the opp. Party no.1 to 5 allow the petitioner no.2 and 3 to operate the accounts of the Sangha referred to above with the admissible interest from the date of last transaction.

And pass all other order/orders, writ/writs direction/directions which would be deem fit and proper in the ends of justice."

// 3 //

2. Shorn of unnecessary details, the case of the

petitioners is that Nilachala Saraswata Sangha,

hereinafter to be called as 'Sangha' in short, is a

religious institution which espouses the ideology of

Sri Sri Thakur. The Sangha has a Kendra Sangha for

the State of Odisha apart from other branches. The

Sangha has framed a Bye-law on 24.11.1973 under

Annexure-1 making various provisions for smooth

management of the Sangha. It is asserted in the writ

petition that Late Durga Charan Mohanty was

functioning as the Secretary and Parichalaka of the

Sangha at the time the Bye-law was framed. During

the tenure of Late Durga Charan Mohanty as

Secretary, funds were collected from different sources

to manage the affairs of the Sangha. It is stated in the

writ petition that the funds so collected were

deposited in several Savings Bank Accounts of

different Post Offices and the Banks which were

operated by Late Durga Charan Mohanty for and on

behalf of the Sangha. It is stated in the writ petition

that Durga Charan Mohanty died on 07.12.1985 by

// 4 //

which time there were 39 no. of Savings Bank

Accounts in Puri GPO and Birtung Sub-post Office

which were being operated by Sri Mohanty in the

capacity as Secretary of the Sangha. After the death

of Durga Charan Mohanty, the dispute arose as to

who would operate the Savings Bank Accounts lying

in Post offices. Nilachala Saraswata Sangha in a letter

under Annexure-8 dated 12.04.1989 addressed to

opposite party No.4 intimated that after the death of

Durga Charan Mohanty on 07.12.1985, the

Governing Body of the Sangha in its Resolution have

elected Sri Raghunath Pati and Sri Satyananda

Tripathy as Secretary and Treasurer respectively of

the Sangha and therefore, they alone are entitled to

operate the Savings Accounts of the Sangha.

Accordingly, the opposite party No.4 was requested to

record the change in the name of operators of the

Accounts in respect of Savings Bank of the Sangha.

On receipt of the Letter under Annexure-8, the APMG

(SB), Office of the CPMG, Odisha, Bhubaneswar,

intimated both the conflicting Groups claiming

// 5 //

change of incumbency to produce an order from the

competent Court of law for change of incumbency and

on receipt of the orders from the Court of law,

necessary decisions would be taken. In the meantime,

another representation was addressed to the Senior

Superintendent of Post Offices, Bhubaneswar

Division, with a request to allow the President and

Parichalaka of Nilachal Saraswat Sangha, Puri to

operate the Accounts as per the judgment of the

Court vide Letter dated 16.04.1997. On receipt of the

said letter, the Senior Superintendent of Post Offices,

Bhubaneswar Division, vide letter under Annexure-11

intimated Nilachala Saraswata Sangha that the

judgment relied upon as above related to the cases

other than the Accounts of Nilachala Saraswata

Sangha. Therefore, Nilachala Saraswata Sangha was

asked to submit orders of the competent Court of Law

with regard to the successor of Late D.C. Mohanty to

operate 29 Savings Bank Accounts. Accordingly, it

was stated in the Letter under Annexure-11 that

// 6 //

upon receipt of such orders of the Competent Court of

law, further action would be taken at his end.

3. This writ petition was heard along with RSA

No.254 & RSA No.255 of 2004. These two second

appeals were filed challenging the common judgment

dated 02.4.2004 passed by the learned First

Additional District Judge, Cuttack in RFA No.5 of

2003 and RFA No.9 of 2003. Both the first appeals

were filed challenging the judgment and decree dated

23.12.2002 and 06.01.2003 respectively passed in

T.S. No.376 of 1989 by the learned Additional Civil

Judge (Senior Division), Cuttack. The Plaintiffs had

preferred RFA No.5 of 2003 whereas the Defendants

had preferred RFA No.9 of 2003. The learned 1st

Additional District Judge by the common judgment

dated 02.04.2004 disposed of both the appeals

whereby RFA No.5 of 2003 was allowed and RFA No.9

of 2003 was dismissed, and thus the suit filed by the

plaintiffs was decreed. Both the Second Appeals as

aforesaid were heard by me in which I have delivered

// 7 //

the judgment today i.e. 20.09.2022 dismissing both

the Second Appeals. Thus the judgment and decree

passed by the learned 1st Additional District Judge

was upheld whereby the suit of the plaintiffs was

decreed with the declaration that Defendant No.1 has

no legal authority or right to sign or issue Parichaya

Patra (Identity Card) as President of the Sakha

Sangha and he was restrained to interfere with the

smooth management of the Sakha Sangha (Plaintiff

No.2).

4. I have heard the learned Counsel appearing for

the respective parties. I do not find any illegality to

have been committed by the postal authorities in

issuing the impugned letters under Annexure-9 &

Annexure-11, since there was a dispute with regard to

the successor of Late Durga Charan Mohanty, and

there were rival claimants for operating the S.B.

Accounts. The postal authorities were absolutely

justified in issuing the impugned direction asking the

parties to produce orders of the Competent Court of

// 8 //

Law, to allow operation of the Accounts. But in view

of dismissal of both the Second Appeals decreeing the

suit of the Plaintiffs, now there is no impediment on

the part of the postal authorities to permit the parties

concerned to operate the Accounts in consonance

with the judgment passed by this Court today in the

Second Appeals referred to above. The postal

authorities are accordingly directed to effect

necessary changes in the incumbency of the S.B.

Accounts for operation of the Saving Bank Accounts

lying with them. The writ petition is accordingly

disposed of, and there shall be no order as to costs.

5. Urgent certified copy be granted on

proper application.

( S.Pujahari ) Judge Orissa High Court, Cuttack.

The 20th day of September, 2022/MRS