Prabhakar @ Pravakar Sasmal vs Bidanasi Gramya Committee
2026 Latest Caselaw 2516 Ori

Orissa High Court

Prabhakar @ Pravakar Sasmal vs Bidanasi Gramya Committee on 17 March, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CMP No.104 of 2026

            Prabhakar @ Pravakar Sasmal         .....                  Petitioners
            and Others
                                                         Represented by Adv. -
                                                         Mr. Sourya Sundar Das,
                                                         Senior Advocate

                                           -versus-

            Bidanasi Gramya Committee,           .....              Opposite Party
            Cuttack                                      Represented by Adv. -
                                                         Mr. Prafulla Kumar Rath,
                                                         Senior Advocate



                                  CORAM:
             THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
                                   ORDER

17.03.2026 Order No.

09. 1. The above noted Interlocutory Application has been filed by the Petitioners with a prayer for stay operation of order dated 23.12.2025 passed by the learned District Judge, Cuttack in F.A.O. No.96 of 2025 at Annexure-5 and the order dated 25.08.2025 passed by the learned Civil Judge (Junior Division), 1st Court, Cuttack in I.A. No.01 of 2025, arising out of C.S. No.434 of 2025 at Annexure-4.

2. Heard Mr. Sourya Sundar Das, learned Senior Counsel appearing for the Petitioners and Mr. Prafulla Kumar Rath,

learned counsel appearing for the Opposite Party. Perused the CMP application as well as the documents annexed thereto.

3. The factual background of the present CMP application, bereft of all unnecessary details, in gist is that the Opposite Party, as Plaintiff, has filed Civil Suit No.434 of 2025 before the learned trial court for permanent injunction. Along with the suit, the Opposite Party-Plaintiff filed I.A. No.01 of 2025 praying for temporary injunction. The Petitioners-Defendants appeared in the suit pursuant to the summons issued by the learned trial court and filed their objection to the Interlocutory Application. The learned trial court, after hearing the learned counsels appearing for both sides, was pleased to allow the Interlocutory Application vide order dated 25.08.2025 directing the Opposite Parties to perform the Basanti Durga Puja along with other activities at any other place except the suit scheduled property. Being aggrieved by the order dated 25.08.2025, the Petitioners preferred F.A.O. No.96 of 2025 before the learned District Judge, Cuttack. The learned First Appellate Court, after hearing the counsel for the parties, was pleased to dismiss the appeal by its judgment dated 23.12.2025 at Annexure-5 to the CMP application. The present CMP application is directed against the above noted order dated 25.08.2025 at Annexure-4 and judgment dated 23.12.2025 at Annexure-5 to the CMP application.

4. The dispute involved in the present CMP application revolves around the performance of Basanti Durga Puja over the

suit scheduled land. Both sides claimed ownership over the suit scheduled land. The Plaintiff in the suit, who is the Opposite Party in the present CMP application, is claiming that it is the recorded owner of the suit scheduled land, which has been recorded under Khata No.313/557 in the name of Sidhha Basulei Thakurani Bije, Bidanasi, marfat Surendra Behera, S/o. Gobinda Behera on behalf of all the villagers of Bidanasi village. On the basis of the village claim, the Plaintiff has filed a suit for permanent injunction. The Defendants-Petitioners appeared in the suit and contended before the learned trial court that they have been performing Basanti Durga Puja over the suit scheduled properties since several years. They further disputed the ownership of the Plaintiff over the suit scheduled land.

5. The above noted CMP application was heard in presence of the learned Senior Counsels representing both sides. However, due to paucity of time, this Court realizes that the final judgment cannot be delivered before the Basanti Durga Puja of this year commences with effect from 24th of March, 2026. Considering the urgency involved in the matter and further taking note of the shortage of time to adjudicate the CMP application within a short span of time, both sides filed voluminous documents in support of their contention. This Court, to avoid any untoward incident and to ensure that the Basanti Durga Puja of this year is performed smoothly and peacefully with the cooperation of all concerned, thought it proper to make an interim arrangement so that the Basanti Durga

Puja of this year is performed peacefully. Accordingly, this Court took up the Interlocutory filed by the Petitioners for hearing. After hearing the learned Senior Counsels appearing for both the sides, this Court is of the considered view that some interim arrangement is required to be made to avoid any kind of tussle between two groups and to ensure that the aforesaid puja is performed peacefully for this year.

6. Learned Senior Counsels appearing for the respective parties emphatically argued in support of their respective clients. Mr. Das, learned Senior Counsel representing the Petitioners contended that Petitioners have been performing the Basanti Durga Puja over the suit scheduled land for last so many years and that same has become tradition in the locality. In support of his contention, learned Senior Counsel appearing for the Petitioner submitted that the Marfatdar of the Deity in whose name the land stands recorded has given specific permission to the Petitioners for performance of the Basanti Durga Puja. It was also contended that in the year 1995, there was a dispute with regard to the ownership of the land. Accordingly, one Surendra Behera on behalf of the villagers of Baula Chhak filed a case before the 2nd Additional Civil Judge (Senior Division), Cuttack bearing T.S. No.404 of 1995 against the Settlement Officer and legal heirs of Ex-Zamindar and other strangers, who were creating disturbance in the peaceful procession of the deity. In the said suit, Defendants No. 2 to 8 appeared and filed their written statement. The above noted suit ended in a compromise.

After disposal of the suit, the villagers of Baula Chhak and members of Sidhhabaseli Byamsala decided to start worship of Maa Basanti Durga since the year 2003. For the aforesaid purpose, Basanti Durga Puja Committee was formed and the same was registered. It was also contended that the villagers of Baula Chhak have registered a Village Committee, namely, Bidanasi Gramya Bikash Samiti, Baula Chhak, Bidanasi in the year 2023-24, although it was existing since 1990. Since this year this Court proposes to make an interim arrangement till disposal of the CMP application, this Court is not going into the details of the Petitioners' case.

7. Mr. Rath, learned Senior Counsel appearing for the Opposite Party, on the other hand, contended that the Opposite Party claims absolute right, title and interest over the suit scheduled land. In course of his argument, Mr. Rath tried to demonstrate before this Court that the Plaintiff is the recorded owner of the suit scheduled land and that it is the absolute owner thereof. Several documents including the record of rights was filed before this Court in support of the claim of the Plaintiff- Opposite Party. He further contended that neither the learned trial court nor the learned Appellate Court have committed an illegality in granting the relief of temporary injunction in favour of the Plaintiff-Opposite Party.

8. Although the Defendants-Petitioners have challenged the impugned orders of both the learned trial court as well as the First Appellate Court, however it is not possible on the part of

this Court to examine the voluminous documents filed by both the sides and dispose of the CMP within a short span of time since the time for commencement of Basanti Durga Puja of this year is approaching fast. Initially, learned Senior Counsel appearing for both the sides made submissions in support of their respective contentions and the hearing was concluded and order was reserved.

9. This Court, looking at the size and volume of the documents placed by both sides, found that it is not possible to deliver the final order/judgment in the CMP application and, accordingly, the matter was listed under the heading "To Be Mentioned". In presence of learned Senior Counsels appearing for both the sides, this Court suggested both sides that till the time the CMP is finally disposed of, both sides should come together and perform the puja of the deity with harmony and peace. Learned Senior Counsels appearing for both sides agreed to the proposal and gave their consent. However, despite such agreement, there existed a dispute with regard to the site over which the puja is to be performed.

10. Learned Senior Counsel appearing for the Petitioners contended that since the puja is being performed over the suit scheduled land, the puja of this year be performed over the suit scheduled land, albeit under the supervision of the Plaintiff- Opposite Party.

11. Learned Senior Counsel appearing for the Plaintiff-

Opposite Party, on the other hand, contended that the Puja Committee is in the process of preparing silver ornaments and a "Chandi Medha" for the deities to be used during Durga Puja and Kali Puja festivals for decoration of the deities at the pandal. He further contended that the Puja Committee has collected huge quantity of silver. Such silver metal is not only very expensive, but also there exists a risk of theft of such valuable metal. He has also contended that the Artisans are in the process of preparing of "Chandi Medha". As such, Mr. Rath, learned Senior Counsel appearing for the Plaintiff-Opposite Party suggested that Plaintiff has no objection to the observance and performance of Basanti Durga Puja. However, the same should not be at the pandal which is situated over the suit scheduled land.

12. Taking into consideration the wishes and apprehension expressed by both sides, this Court is required to work out an arrangement, which would result in neither of the parties being aggrieved or their interests being put to any kind of jeopardy. Keeping in view the cultural history of Cuttack City, particularly the manner and mode in which religious activities are observed and performed at different Puja Pandals and further taking into consideration the larger interest of the local public, this Court is of the considered view that till a final decision is taken on the CMP application, this Court is under an obligation to ensure that while performing the puja, as has been done over the years, none of the parties interest are seriously prejudiced. After much

deliberation and giving due consideration to the issue at hand, this Court is of the considered view that the following arrangement would be in the best interest of the parties:-

      (i)    Let a committee be formed under the
      Chairmanship        of   the       Additional    District
      Magistrate, Cuttack;

(ii) The Deputy Commissioner of Police, Cuttack as well as the Executive Officer of the Cuttack Municipal Corporation shall be the members of such committee;

(iii) Both the Plaintiff's side as well as Defendants' side shall nominate five members each to such committee;

(iv) The committee so constituted shall takeover immediate charge of the situation, including the possession of the suit scheduled land and the management thereof from the Plaintiff;

(v) All valuable articles kept at the Puja Mandap shall be kept under the safe custody of the Plaintiff's nominee;

(vi) The Deputy Commissioner of Police, Cuttack shall provide adequate security for the safety of the valuables kept at the Mandap till conclusion of the Basanti Durga Puja;

(vii) The funds collected by both sides shall be handed over to the Treasurer, who shall be nominated amongst the members of the committee by Additional District Magistrate, Cuttack. The Treasurer shall not only collect the money, but also meet the expenses and maintain the accounts and after conclusion of the Puja shall furnish the details of such account before this Court;

(viii) Both sides shall cooperate with the committee so formed herein for smooth observance and performance of Basanti Durga Puja of this year and they shall abide by the decision of the majority to be taken in such committee meeting;

(ix) The committee so constituted shall immediately hold its preparatory meeting and such meeting shall be convened as and when required at the instance of the Additional District Magistrate, Cuttack; and

(x) The meeting so constituted shall function till conclusion of the Basanti Durga Puja or for a period of three weeks, whichever is earlier.

13. A free copy of this order be handed over to the learned counsel for the State for communication to the Additional District Magistrate, Cuttack; Executive Officer, Cuttack Municipal Corporation; and the Deputy Commissioner of

Police, Cuttack.

14. The IIC of the jurisdictional Police Station is directed to provide adequate security round the clock to ensure that no law and order situation arises at the Pandal or its nearby vicinity.

15. List this matter under the heading "To Be Mentioned" in the week commencing 6th April, 2026.

Urgent certified copy of this order be granted on proper application in course of the day.

(Aditya Kumar Mohapatra ) Judge Debasis