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Orissa High Court
Shri Shri Kamaleswardev vs State Of Odisha And Others .... Opp. ... on 27 February, 2026
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 27-Feb-2026 19:15:52
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.C. No. 6581 OF 2026
Shri Shri Kamaleswardev, .... Petitioner
At-Panchatiris mouza, Panajalra Parichalana
Committee, represented through its President,
Surendranath Majhi, AT/PO- Titipa,
P.S-Krushnaprasad, Dist-Puri.
Mr. Sukanta Kumar Dalai, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Milan Kanungo, Senior Advocate
being assisted by Mr. Arun Kumar Acharya, Advocate
(For Opposite Party No.6)
Mr. Swayambhu Mishra,
Additional Standing Counsel
(For Opposite Party Nos.1, 2, 4, 7 and 8)
Miss Pratyusha Naidu, Advocate
(For Commissioner of Endowments)
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 27.02.2026
1. 1. This matter is taken up through hybrid mode.
2. Memo of appearance filed by Mr. Milan Kanungo,
learned Senior Advocate along with Vakalatnama of Mr. Arun
Kumar Acharya, Advocate and Mr. Asish Mishra on behalf of
the Opposite Party No.6 in Court are taken on record.
3. Petitioner, in this Writ Petition, seeks to assail the order
dated 13th February, 2026 (Annexure-1) passed by learned
Assistant Commissioner of Endowments, Bhubaneswar in
allowing Opposite Party No.6, namely, Sri Santosh Chandra Deo,
to perform the ensuing Dola festival and Pana Sankranti of the
Deity- Shri Kamaleswardev, Bije Deulapada under PS/Tahasil:
Krushnaprasad in the district of Puri.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 27-Feb-2026 19:15:52
3. The dispute is with regard to performance of Dola
festival and Pana Sankranti by the Opposite Party No.6, namely,
Santosh Chandra Deo, who has been described as person in the
Management of the Deity. Serious objection was raised by
Mr. Dalai, learned counsel for the Petitioner representing the
President of Shri Shri Kamaleswardev at Panchatirish Mauza
Pana Jatra Parichalana Committee with regard to locus standi
of Opposite Party No. 6 to perform the ensuing Dola festival
and Pana Sankranti of the Deity.
3.1 It is also stated at the Bar that CRLMP No. 250 of
2026 has been filed with the following prayer.
"The Petitioner, therefore, pray that your Lordship
may be pleased to consider the facts stated in the
petition, issue notice to the Opposite Parties to
show cause as to why direction shall not be given
to provide Police protection and to restrain the
persons and the Committee from interfering with
the temple administration and festivals of the Deity
in question, who are not officially part of the
temple management and its festivals and further to
keep the festival ground free from outside
enclosures during festive occasions; if the Opposite
Parties fail to show cause, show insufficient cause,
make the rule absolute; issue a writ of Mandamus
commanding the Opposite Parties, more
particularly Opposite Party Nos.3 and 4 to
consider the following prayers of the Petitioner in
letter and spirit;
a) Deploy a Police Outpost with sufficient force
at the Kamaleshwar Dev Temple from 26th
february to 3rd March and April 13th to April 20th
for following festivals: bhogo khiya, Dolo festival
and Pana Sankranti festival;
b) Movement of the Deity for Bhogo khiya in
Local Surrounding Should be under Direction of
the Official Temple Management and Deulapada
Villagers Guidance with Police Escort and
Protection;
c) Provide Police Escort for the movement of
the Deity towards the Dolo Festival from
Deulapada to Krushna Prasad Palace Dolo
festival Field on 2nd March;
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 27-Feb-2026 19:15:52
d) Ensure Protection for the villagers of
Daulopoda and temple staff from the interference
or violence of unauthorized "Committees" or
antisocial elements.
And this Hon'ble Court may further be
pleased to pass any other order(s), direction(s),
writ(s), as deem fit and proper in the facts and
circumstances of the case;
And for this act of kindness, the Petitioner
shall remain ever pray."
3.2 The CRLMP was taken up on 26th February
2026 by the assigned Bench, wherein the Tahasildar,
Krushnaprasad submitted a written instruction. The said
written instruction was produced by learned State Counsel.
Relevant portion of the said written instruction as
reproduced in order dated 26th February, 2026 passed in
CRLMP No. 250 of 2026, is quoted hereunder.
"The Asst. Commissioner of Endowment,
Bhubaneswar issued a letter vide Memo No.1310 on
13.02.2026. This letter has been directly forwarded
to Sub Collector, Puri on 23.02.2026. On the same
day the letter has been sent to me vide whatsapp by
Sub Collector, Puri. After receiving letter
immediately, I had issued notice to President &
Secretary 35 Mouza, President & Secretary
Panchupada (Deulapada) and Sevayats of
Kamaleswar temple to attend a peace Committee
Meeting on 25.02.2026 at the conference hall of
Block Development Officer as per direction of
District Authority. Also Santosh Chandra Deo alias
Parikud Raja had been served notice with a request
to attend the meeting on the scheduled date & time.
The Additional Superintendent of Police, Puri, Sub
Collector, Puri, Block Development Officer,
Krushnaprasad, Tahasildar, Krushnaprasad & IIC,
Krushnaprasad were present in the meeting held on
25.02.2026 at 11 A.M in the presence of members
from 35 mouza & Panchupada (Deulapada) and
Sevayats of Kamaleswar Temple. But the Parikud
Raja alias Santosh Chandra Deo did not attend the
meeting. The ongoing dispute was notified to the
Administration previously from people of both side
to us. Therefore, two times meeting was conducted
on 25.12.2025 and 09.02.2026 under (sic) the
Chairmanship of Sub Collector, Puri to resolve the
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 27-Feb-2026 19:15:52
dispute between 35 Mouza & Panchupada
(Deulapada). The dispute was over. The
local Administration conducted a meeting in the
presence of members from both 35 Mouza &
Panchupada (Deulapada) for smooth organization
of Dola Festival and Pana Yatra on 22.02.2026 at
12 P.M. in Pana Yatra Padia. Unfortunately, the
letter from Asst. Endowment Commissioner has
again raised the dispute between both 35 Mouza &
Panchupada (Deulapada).
The discussion on every aspect was taken
place in the meeting held on 25.02.2026. Members
from both sides & Sevayats also participated in the
meeting. The Administration advised members to do
the Dola festival & Panayatra as per tradition
continuing from the past years. But the President of
35 Mouza produced a document and said a
committee in the name of Sri Sri Kamaleswar Dev
35 Mouza Panayatra, has been constituted and
registered under Society registration Act, 1860 and
Regd. No. is 4623-78 year 1996 for smooth
management of Kamaleswar temple. Also the
President of 35 Mouza intimated in the meeting that
the Asst. Endowment Commissioner has passed the
order without giving opportunity to 35 Mouza. So
they are deprived of natural justice. When they came
to know this order they have immediately filed an
appeal U/S 7. Odisha Hindu Religion Endowment
Act, 1951 before the Commissioner of Endowment,
Bhubaneswar. Now the appeal is pending before the
Commissioner of Endowment.
Previously it has been decided under the
Chairmanship of Sub Collector, Puri a Committee
will be constituted taking both the members from 35
Mouza & Panchupada(Deulapada) including BDO,
Tahasildar and IIC, Krushnaprasad for smooth
management of Kamaleswar temple. So President of
35 Mouza informed in the meeting that they have
already given members. But
Panchupada(Deulapada) has not given members to
the Committee. So the President of 35 Mouza has
requested Panchupada (Deulapada) to give
members to the Committee for smooth management
of Dola Yatra and Pana Yatra of Sri Sri Kamaleswar
Dev Mahadev. The Panchupada (Deulapada) has
not agreed with 35 Mouza to give members to the
Committee. After several round of discussion the
members from both the sides have promised to
celebrate Dola yatra and Pana Yatra without
violating Law & Order and will not create
disturbance. The Administration has warned
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 27-Feb-2026 19:15:52
members from both 35 Mouza & Panchupada
(Deulapada), strong action will be initiated if
anybody violates the Law during the festival. After
that the meeting was concluded with vote of thanks
to the Chair."
(emphasis supplied)
3.3 It is submitted by Mr. Dalei, learned counsel for the
Petitioner that without affording any opportunity to the
Petitioner-Committee, the impugned order under Annexure-1 has
been passed, which is administrative in nature.
4. Mr. Kanungo, Senior Advocate along with
Mr. Acharya, learned counsel for Opposite Party No.6 vehemently
objects to the same and submits that no one is restrained from
participating the aforesaid two festivals, namely, ensuing Dola
Purnima and Pana Sankranti of the Deity. Mr. Kanungo, learned
Senior Advocate also submits that an application under Section 7 of
the Odisha Hindu Religious Endowments Act, 1951 (for brevity, 'the
Act') filed by the Petitioner is pending before learned Commissioner
of Endowments, Odisha Bhubaneswar assailing the order under
Annexure-1.
5. Mr. Mishra, learned ASC submit that hearing of the
petition filed under Section 7 of the Act has already been
concluded and the order is reserved due to pendency of the
present writ petition. However, Miss Naidu, learned counsel
submits that she has no definite instruction in respect of status of
the application under Section 7 of the Act.
6. Upon hearing learned counsel for the parties, and on
perusal of the record, this Court finds that the order under
Annexure-1 passed by the Assistant Commissioner of
Endowments, Bhubaneswar is purely administrative in nature.
No document is available on record to test the sustainability of
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 27-Feb-2026 19:15:52
the same. Moreover, an application under Section 7 of the Act
has already been filed assailing the said order and the hearing of
the petition is stated to have been completed.
7. In the above circumstances, we feel it proper to direct
the learned Commissioner Endowments, Odisha, Bhubaneswar to
pass an order forthwith and in any case not later than 28th
February, 2026 on the petition filed by the Petitioner in respect of
performance of ensuing Dola Purnima and Pana Sankranti
festivals of the Deity for smooth performance of the ensuing
Dola Purnima and Pana Sankranti festivals.
8. The writ petition is disposed of accordingly. Needless
to mention that this Court has not made any observation in
respect of CRLMP No.250 of 2026.
9. Miss Naidu, learned counsel shall communicate this
order to the Commissioner of Endowments, Odisha,
Bhubaneswar in course of the day.
10. A copy of this order shall be made available to Miss
Naidu, learned counsel for Commission of Endowments, as well
as Mr. Mishra, learned ASC for communication and compliance.
Learned counsel for the parties may also utilize the downloaded
copy of this order from the website of this Court for necessary
communication and compliance.
(K.R. Mohapatra)
s.s.satapathy Judge
(S.K. Mishra)
Judge
