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Judgment
The writ petition has been marked on ‘special notice’. Mr. Choudhury, learned advocate appears on behalf of petitioner and submits, his client is President of the Nilachala Saraswata Sangha. His client and others were prevented from worshiping in the temple of the Sangha situated at Jobra, Cuttack.
He submits, he had mentioned in the morning for hearing on urgency, prior to listing, in view of religious function ‘Pana Sankranti’ to be performed by the devotees tomorrow at the ashram.
At mentioning we had directed intimation to all concerned parties for the writ petition being moved at 12.30 p.m. On call Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and Mr. Sahu, learned advocate appears for private opposite party no.5. Mr. Sharma submits this Bench does not have assignment. Mr. Sahu adopts the submission.
Mr. Choudhury draws attention to paragraph-18. The paragraph is reproduced below.
“18. That the petitioners respectfully submit that the separatist group being instigated by the O.P. No.5, have in the meantime, forcefully removing the devotees who are supporters of the Petitioners from different Ashrams of the state against performing seva puja and Niti Kanti of Thakur Sri Nigamanada Saraswati Dev. At this juncture the petitioner filed CRLMP No.636/2023 which was withdrawn on dt.10-4-2023 with liberty to file appropriate application.”
(emphasis supplied)
On query from Court he submits, the order is not available in the website. We have accessed the official website and find that the order is not there.
Prayer in the writ petition is for, inter alia, granting necessary permission to his client for directing police authorities to provide adequate security to his client and fellow devotees in performing seva puja with further direction on State authorities to grant necessary permission to his client to hold the religious ceremony to be held on 14th April, 2023. This is cause for urgency.
Since petitioner had to withdraw the CRLMP, only other Bench which has assignment over the writ petition is the Bench having residuary assignment. It is by entry no.4 in assignment list of the Hon’ble Mr. Justice Biswanath Rath. As there is no mention in the writ petition regarding criminal proceedings, out of which it arises, it does not fall under entry no.1 in assignment list of the Hon’ble Dr. Justice S.K. Panigrahi.
The writ petition be placed before the Bench having assignment.
Free copy be given to petitioner by 1.30 p.m. to take steps to seek urgent hearing in the afternoon, if permitted by the assigned Bench.
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