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Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Mr. Mishra, learned Senior Advocate along with Mr. Pradhan, learned counsel enters appearance on behalf of Opposite Party No.9-Bramhananda Behera by filing their Vakalatnama and appearance memo, which are taken on record. A copy of the writ petition is served on Mr. Pradhan, learned counsel appearing for Opposite Party No.9 in Court.
Pursuant to direction of this Court dated 21st February, 2024, IIC, Pattamundai Rural PS, Kendrapara and IIC, Gop PS, Puri have imparted written instruction to the Office of the learned Advocate General, Odisha, copies of which are placed before this Court and taken on record.
The dispute in this writ petition relates to using name, registration number, logo and identity card of Petitioner-Sangh, namely, Nilachal Saraswata Sangha also known as Kendra Sangha by Opposite Party Nos.8 to 10 in organizing 73rd Bhakta Samilani at Gandkul under Pattamundai PS in the district of Kendrapara. The Bhakta Samilani will be held from 23rd to 25th February, 2024.
It is submitted by Mr. Bhuyan, learned counsel appearing along with Mr. Sahu, learned counsel for the Petitioner that although Opposite Party Nos.8 to 10 have lost in all fora up to Hon’ble Supreme Court to assert their right over the Petitioner-Sangha, they are creating disturbance and at present they are organizing Bhakta Samilani. In view of the above, this writ petition has been filed to direct Opposite Party Nos.2 to 4 to take legal actions against Opposite Party Nos. 8 and 9 pursuant to the FIR lodged on 23rd January, 2024. It is also prayed that the group led by Opposite Party Nos. 8 and 10 should be prevented from using the name, logo, registration number of the Petitioner-Sangha in the 73rd Utkal Pradesika Bhakta Samilani at Gandakul under Pattamundai PS, Kendrapara scheduled to be held from 23rd to 25th February, 2024 and other consequential and ancillary reliefs. He also prays for an interim direction to restrain the Opposite Party Nos.8 to 10 from organizing the Bhakta Sammilani using the name, logo, registration number and identity card of the Petitioner-Sangha.
Mr. Mishra, learned Senior Advocate appearing for Opposite Party No. 9 submits that earlier Home Department, Government of Odisha had issued a notice to execute the orders passed in RSA Nos.254 and 255 of 2004, which was challenged in W.P.(C) No.40232 of 2023. This Court, disposed of the said writ petition by order dated 4th January, 2024 with the following direction: -
“8. Upon hearing learned counsel for the parties, this Court observes that the decree passed by the Civil Court can only be implemented by filing appropriate execution proceeding and not by taking coercive measure. Since no coercive measure is being taken by the District Administration to implement the judgment/decree/order passed either in W.P.(C) No.11571 of 2023 or in RSA Nos.254 & 255 of 2004, no further order is required to be passed in this writ petition.”
It is also submitted that the Second Appeal was in respect of Petitioner-Sangha at Cuttack and Balasore. Thus, the judgment and decree passed therein cannot have any application to any other place in Odisha.
6.1 It is also submitted that Adhibasha (preparatory) for the congregation to be held from 23rd to 25th February, 2024 has already commenced and more than five thousand devotees are congregated at Gandakul. One platoon of Police personnel has also been deployed to avoid any law-and-order situation.
6.2 It is also submitted that Opposite Party Nos.8 and 9 had filed WA No 1410 of 2022 before this Court, which was dismissed vide order dated 28th March, 2023 with the following order :-
“1. This is a dispute between two factions of the Nilachal Saraswata Sangha, a religious institution espousing the ideology of Shri Shri Thakur. Apparently, the Sangha has its branches in several places in Odisha. As far as the dispute between the two factions, for convenience, it will be referred to as the “Appellants’ faction” and ‘the Respondents’ faction. The Respondents’ faction appears to have succeeded in disputes raised within the jurisdiction of the Civil Courts at Balasore and Cuttack, the results of which, with the dismissal by the Supreme Court of the further Special Leave Petitions filed by the Appellants’ faction have affirmed that the Respondents’ faction is the duly elected body of the Sangha.
The present dispute concerns the right to operate the Postal Savings Bank’s Accounts and Bank accounts of the Sangha. Even while a Civil Suit O.S. No.46 of 1989 filed by the Respondents’ faction was pending in the court of Additional Civil Judge (Senior Division) Puri, the Respondents’ faction also filed OJC No.8314 of 2000 in this Court.
Meanwhile, the dispute that arose within the jurisdiction of the District Judge, Cuttack ended in favour of the Respondents’ faction by the judgment delivered by this Court on 20th September 2022 in RSA No.254 of 2004. Inter alia, the findings of the trial court in the said dispute that the Respondents’ faction was the duly elected body of the Sangha was accepted. On the basis of the said judgment in RSA No.254 of 2004, the learned Single Judge has in the impugned judgment while allowing OJC No.8314 of 2000, permitted the Respondents’ faction to operate a postal savings account and accounts of the Sangha.
Aggrieved by that order, the Appellants’ faction is before this Court. In the meanwhile, the Supreme Court has on 13th March 2023 dismissed SLP (C) No.37582 of 2022 thereby affirming the judgment dated 20th September 2022 in RSA No.254 of 2004. Thereby, for the second time, the Respondents’ faction has been recognized as the newly elected body of the Sangha.
Mr. N.K. Sahu, learned counsel appearing for the Respondents informs the Court that Respondents’ faction has withdrawn O.S. No.46 of 1989 which was pending in the Court of Additional Civil Judge (Senior Division), Puri. A copy of the order dated 17th February 2023 passed by that Court accepting the withdrawal of the suit has been placed on record.
With the Respondents’ faction now being recognized twice as the duly elected body of the Sangha, the impugned judgment of the learned Single Judge allowing OJC No.8314 of 2000 cannot be faulted.
Mr. S.S. Rao, learned counsel appearing for the Appellants states that the Appellants’ faction has filed yet another suit being C.S. No.339 of 2004 in the Court of the Civil Judge (Senior Division), Puri and that the subject matter of the said suit is the same viz., which faction is entitled to operate the accounts of the Sangha.
Since the said suit is pending, it will obviously be decided on its merits by the Court concerned. With the above observations, the present appeal is dismissed.”
He, therefore, submits that there is no direction covering the area Gandakul at which place the Bhakta Sammilani is being organized.
6.3 It is further submitted that Opposite Party No.9 is using the name, logo, registration number and identity card of the branch. Thus, the Petitioner-Sangha cannot have any grievance to the same. He, therefore, submits any interim order if passed at this juncture will certainly create disturbance in organizing the 73rd Bhakta Samilani at Gandakul.
Mr. Mishra, learned ASC on instruction submits that adequate steps have been taken to prevent law and order situation at the place of Bhakta Samilani scheduled to be held from 23rd to 25th February, 2024.
Taking into consideration the submissions made by learned counsel for the parties, this Court is of the opinion that there should not be any obstruction in organizing the Bhakta Sammilani, but the Opposite Party Nos. 8 to 10 should not be allowed to use the name, logo, registration number and identity card of the Petitioner-Snagha as it has its separate identity.
Thus, as an interim measure, it is directed that Opposite Party Nos.8, 9 and 10 shall not use the name, logo, registration number or identity card of the Petitioner-Sangha in the 73rd Bhakta Samilani scheduled to be held from 23rd to 25th February, 2024 at Gandakul under Pattamundai PS in the district of Kendrapara, which shall be without any prejudice to case of the either party to this writ petition. Inspector-in-charge, Pattamundai PS and Superintendent of Police, Kendrapara are directed to see that law-and-order situation is maintained at the place of the Bhakta Samilani at Gandakul.
Put up this matter on 8th May, 2024. In the meantime, Opposite Party No.9 may file his counter affidavit.
Uploaded copy of the order may be utilized by the parties for their reference and necessary action.
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