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2022 DIGILAW 451 (ORI)

Nilachala Saraswata Sangha, Puri v. Senior Superintendent of Post Offices, Bhubaneswar Division

2022-09-20

S.PUJAHARI

body2022
JUDGMENT S. Pujahari, J. - This writ petition under Articles-226 & 227 of the Constitution of India has been filed by the petitioners claiming to be the President, Secretary and Treasurer respectively of Nilachala Saraswata Sangha with the following prayers :- '(1) Admit the writ application. (2) call for the records. (3) issue rule Nisi calling upon the opposite parties to show cause as to why the petitioner no.2 & 3 shall not be allowed to operate the postal savings Bank Accounts referred to in Annexure-4 and 9 Series and why the postal authorities should not be directed to pay the interest applicable to Savings Bank deposits since the date of last transaction. And if the opposite parties do not show cause or show insufficient cause then issue a writ in the nature of mandamus directing the opp. Party no.1 to 5 allow the petitioner no.2 and 3 to operate the accounts of the Sangha referred to above with the admissible interest from the date of last transaction. And pass all other order/orders, writ/writs direction/directions which would be deem fit and proper in the ends of justice.' 2. Shorn of unnecessary details, the case of the petitioners is that Nilachala Saraswata Sangha, hereinafter to be called as 'Sangha' in short, is a religious institution which espouses the ideology of Sri Sri Thakur. The Sangha has a Kendra Sangha for the State of Odisha apart from other branches. The Sangha has framed a Bye-law on 24.11.1973 under Annexure-1 making various provisions for smooth management of the Sangha. It is asserted in the writ petition that Late Durga Charan Mohanty was functioning as the Secretary and Parichalaka of the Sangha at the time the Bye-law was framed. During the tenure of Late Durga Charan Mohanty as Secretary, funds were collected from different sources to manage the affairs of the Sangha. It is stated in the writ petition that the funds so collected were deposited in several Savings Bank Accounts of different Post Offices and the Banks which were operated by Late Durga Charan Mohanty for and on behalf of the Sangha. It is stated in the writ petition that Durga Charan Mohanty died on 07.12.1985 by which time there were 39 no. of Savings Bank Accounts in Puri GPO and Birtung Sub-post Office which were being operated by Sri Mohanty in the capacity as Secretary of the Sangha. It is stated in the writ petition that Durga Charan Mohanty died on 07.12.1985 by which time there were 39 no. of Savings Bank Accounts in Puri GPO and Birtung Sub-post Office which were being operated by Sri Mohanty in the capacity as Secretary of the Sangha. After the death of Durga Charan Mohanty, the dispute arose as to who would operate the Savings Bank Accounts lying in Post offices. Nilachala Saraswata Sangha in a letter under Annexure-8 dated 12.04.1989 addressed to opposite party No.4 intimated that after the death of Durga Charan Mohanty on 07.12.1985, the Governing Body of the Sangha in its Resolution have elected Sri Raghunath Pati and Sri Satyananda Tripathy as Secretary and Treasurer respectively of the Sangha and therefore, they alone are entitled to operate the Savings Accounts of the Sangha. Accordingly, the opposite party No.4 was requested to record the change in the name of operators of the Accounts in respect of Savings Bank of the Sangha. On receipt of the Letter under Annexure-8, the APMG (SB), Office of the CPMG, Odisha, Bhubaneswar, intimated both the conflicting Groups claiming change of incumbency to produce an order from the competent Court of law for change of incumbency and on receipt of the orders from the Court of law, necessary decisions would be taken. In the meantime, another representation was addressed to the Senior Superintendent of Post Offices, Bhubaneswar Division, with a request to allow the President and Parichalaka of Nilachal Saraswat Sangha, Puri to operate the Accounts as per the judgment of the Court vide Letter dated 16.04.1997. On receipt of the said letter, the Senior Superintendent of Post Offices, Bhubaneswar Division, vide letter under Annexure-11 intimated Nilachala Saraswata Sangha that the judgment relied upon as above related to the cases other than the Accounts of Nilachala Saraswata Sangha. Therefore, Nilachala Saraswata Sangha was asked to submit orders of the competent Court of Law with regard to the successor of Late D.C. Mohanty to operate 29 Savings Bank Accounts. Accordingly, it was stated in the Letter under Annexure-11 that upon receipt of such orders of the Competent Court of law, further action would be taken at his end. 3. This writ petition was heard along with RSA No.254 & RSA No.255 of 2004. Accordingly, it was stated in the Letter under Annexure-11 that upon receipt of such orders of the Competent Court of law, further action would be taken at his end. 3. This writ petition was heard along with RSA No.254 & RSA No.255 of 2004. These two second appeals were filed challenging the common judgment dated 02.4.2004 passed by the learned First Additional District Judge, Cuttack in RFA No.5 of 2003 and RFA No.9 of 2003. Both the first appeals were filed challenging the judgment and decree dated 23.12.2002 and 06.01.2003 respectively passed in T.S. No.376 of 1989 by the learned Additional Civil Judge (Senior Division), Cuttack. The Plaintiffs had preferred RFA No.5 of 2003 whereas the Defendants had preferred RFA No.9 of 2003. The learned 1st Additional District Judge by the common judgment dated 02.04.2004 disposed of both the appeals whereby RFA No.5 of 2003 was allowed and RFA No.9 of 2003 was dismissed, and thus the suit filed by the plaintiffs was decreed. Both the Second Appeals as aforesaid were heard by me in which I have delivered the judgment today i.e. 20.09.2022 dismissing both the Second Appeals. Thus the judgment and decree passed by the learned 1st Additional District Judge was upheld whereby the suit of the plaintiffs was decreed with the declaration that Defendant No.1 has no legal authority or right to sign or issue Parichaya Patra (Identity Card) as President of the Sakha Sangha and he was restrained to interfere with the smooth management of the Sakha Sangha (Plaintiff No.2). 4. I have heard the learned Counsel appearing for the respective parties. I do not find any illegality to have been committed by the postal authorities in issuing the impugned letters under Annexure-9 & Annexure-11, since there was a dispute with regard to the successor of Late Durga Charan Mohanty, and there were rival claimants for operating the S.B. Accounts. The postal authorities were absolutely justified in issuing the impugned direction asking the parties to produce orders of the Competent Court of Law, to allow operation of the Accounts. But in view of dismissal of both the Second Appeals decreeing the suit of the Plaintiffs, now there is no impediment on the part of the postal authorities to permit the parties concerned to operate the Accounts in consonance with the judgment passed by this Court today in the Second Appeals referred to above. But in view of dismissal of both the Second Appeals decreeing the suit of the Plaintiffs, now there is no impediment on the part of the postal authorities to permit the parties concerned to operate the Accounts in consonance with the judgment passed by this Court today in the Second Appeals referred to above. The postal authorities are accordingly directed to effect necessary changes in the incumbency of the S.B. Accounts for operation of the Saving Bank Accounts lying with them. The writ petition is accordingly disposed of, and there shall be no order as to costs. 5. Urgent certified copy be granted on proper application.