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This practice, according to the Sevaks (Mekaps), is going on for a number of years and is recorded in the Record of Rights, and therefore, cannot be regarded as a secular activity. Their further contention is that by Section 28-B of Shri Jagannath Temple Act, 1954 which was introduced by an amendment with effect from 3.5.1983, serious encroachment has been made on the religious rights of the Sevaks. It has been provided by Section 28-B of the Act that one or more receptacles (Hundis) may be placed at such places as the Temple Committee may think fit inside the Temple for placing of offerings by the devotees visiting the Temple. It has categorically been provided that no person (which includes Sevaks) can go near or interfere in any manner with any hundi installed in the Temple. However, no authorisation is needed for going near a Hundi for the bonafide purpose of placing offerings therein. It has further been provided by sub-section (5) of Section 28-B that no Sevak shall be entitled to any share in the offerings placed in the Hundi installed. This, according to the Sevaks is a serious interference with their right to get one anna in the rupee of the total collection of the offerings made in the Temple. This provision not only interferes with their religious right but also their right of property.

To examine this contention, the history of the tussle between the Sevaks and the persons in the management of the Temple has to be borne in mind. Puri Jagannath Temple is one of the important places of pilgrimage for the Hindus. People from all over India come in thousands daily for Puja and Darshan. The Sevaks of various kinds have tried to run the Temple to their advantage. Religious considerations have been farthest to their thoughts and activities. Various measures have been taken by the Government about the superintendence, control and management of the affairs of the Temple to ensure that religious practices are properly carried out and the pilgrims can worship the deities in a proper manner. The background of facts which led to the passing of Shri Jagannath Temple Act of 1954 has been narrated in the Object Clause of the Act. It has been stated that long prior to and after the British conquest. the superintendence, control and management of the affairs of the Temple have been in direct concern of successive Rules. Governments and their officers. Attempts were made by the Government to regulate the management of the Temple from time to time. As early as on 28th April, 1809, Regulation IV was passed by the Governor-General in Council to ensure proper management of the Temple. The Raja of Khurda, later designated the Raja of Puri, came to be entrusted with the management of the affairs of the Temple and its properties as Superintendent. Even thereafter, grave and serious irregularities were committed in the administration of temple which led the Government to intervene on a number of occasions. It was noted in the object clause that in spite of this Regulation IV, the Administration had deteriorated and a situation had arisen rendering it expedient to re-organise the scheme of management of the affairs of the Temple and its properties and provide better administration and governance therefor in supersession of all previous laws.

The Court, therefore, upheld the right of the management of the Temple to place closed receptacles in various parts of the temple for collection of the offerings in place of traditional Jugs and Thalis. A Special Leave petition was filed against this judgment in this Court which was dismissed.
Shri Jagannath Temple Act, 1954 was thereafter amended with effect from 3.5.1983. By the amended provisions of Section 28-B and 28-C a fund called Shri Jagannath Temple Foundation Fund was set up which has led to the present dispute. The Fund was to be administered by a Committee consisting of the Chief Minister, the Minister in charge of Law, the Secretary to the Government in Law Department, the Secretary in charge of Department of Finance or his nominee and the Collector of District Puri. The administrator of the Temple was made Secretary of the Committee. The Committee was empowered with the approval of the State Government to instal one or more Hundis at such places in the temple as it may think fit for placing of offerings by pilgrims and devotees visiting the Temple. no person who is not authorised by the Administrator was to go near or interfere with the Hundi installed inside the Temple. However, no authorisation was needed for any person who was going near the Hundi for the bonafide purpose of placing any offering therein. It was categorically declared that notwithstanding anything to the contrary contained in any law, custom, usage or agreement or in the Record of Rights, no Sevaks shall be entitled to any share in the offerings placed in the Hundi installed after the commencement of the Jagannath Temple (Amendment) Act, 1983. It was specifically provided that the Foundation Fund shall consist of all donations and contributions of the amount exceeding Rs. 500/- made by any person to the temple or in the name of any deity installed therein other than those which were made for any specific purpose.

Another aspect of the case which has to be borne in mind is that the Act of 1952 and the Act of Puri Shri Jagannath Temple (Administration) Act, 1954 had to be passed to stop mismanagement of the temple and misappropriation of the offerings by the Sevaks. It has been specifically recorded in the objects lause of the two Acts that the monies were being misappropriated and various heinous crimes were being committed inside the temple premises itself. The Sevaks had practically taken over the management of the temple. To put a stop to all these things, these two Acts were passed. A Committee was set up to restore discipline and proper atmosphere so that the Puja inside the Temple could be performed peace dully and properly.