Orissa High Court
Chintamani Puhan vs State Of Odisha & Others .... Opposite ... on 8 April, 2024
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.3619 of 2024
Chintamani Puhan .... Petitioner
Mr. Pramod Ku.Rout, Advocate
-Versus-
State of Odisha & Others .... Opposite Parties
Mr. D.K. Behera, ASC
Mr. S. Satapathy, Advocate for O.P.No.2
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
08.04.2024 Order No.
04. 1. Heard learned counsel for the respective parties.
2. Instant writ petition is filed by the petitioner challenging the impugned order dated 19th December, 2023 vide Annexure-1 passed by opposite party No.2 on the grounds stated therein.
3. Mr. Satapathy, learned counsel for opposite party No.2 would submit that the impugned order under Annexure-1 is appealable in nature as per Section 24 of the Shree Jagannath Temple Act. In reply and response to the above, learned counsel for the petitioner submits that by virtue of an agreement, a copy of which is at Annexure-3 series, the transaction has taken place in respect of which the impugned order under Annexure-1 has been passed. However, according to Mr. Satapathy, on detection of the wrong committed at the behest of the petitioner who obtained Rajbhag receipts for the year 2020-21 and 2021-22, it was declared Page 1 of 2 as rejected on the ground that it had not received any approval of Temple Administration.
4. Since disputed question of fact is involved with regard to the rival claims between the parties and the same needs adjudication and for the fact that the order under challenge is appealable in view of Section 24 of Shree Jagannath Temple Act, the Court is of the considered view that the petitioner should approach the Appellate Authority instead for a decision in accordance with law. In other words, the Court is not inclined to entertain the writ petition, however, is in favour of granting the liberty to the petitioner to approach the authority concerned by filing an appeal as per the provisions of the Shree Jagannath Temple Act as the same would rather serve the purpose and meet the ends of justice.
5. Hence, it is ordered.
6. In the result, the writ petition stands disposed of with the liberty allowed in favour of the petitioner to approach the appellate forum under the Shree Jagannath Temple Act and in the event, any such appeal is filed within a fortnight from today, the same shall be entertained by the concerned authority, who shall thereafter to proceed and to dispose it of as per and in accordance with law and till such time, the appeal is presented, within the above stipulated period, there shall be no coercive action against him.
7. Urgent certified copy of this order be issued as per rules.
(R.K. Pattanaik) Judge Signature Not Verified Digitally Signed Signed by: KABITARANI MAJHI Designation: Secretary kabita Page 2 of 2 Reason: Authentication Location: OHC, Cuttack Date: 11-Apr-2024 11:58:35