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2023 DIGILAW 168 (ORI)

Nilachala Saraswata Sangha, Puri v. State of Odisha

2023-02-03

ARINDAM SINHA, S.K.MISHRA

body2023
JUDGMENT 1. Mr. Choudhury, learned advocate appearing on behalf of petitioner had mentioned in the morning, for permission to move the petition on urgent basis. Leave was granted. The petition has been called on to be moved after recess. 2. Mr. Sharma, learned advocate and Additional Government Advocate appears on behalf of State and submits, service was effected at 2:15 P.M. He, therefore, needs adjournment to obtain instructions. We allowed him 15 minutes to obtain them. 3. Mr. Choudhury submits, his client is a religious organization and wants to hold a 'Sammilani' at Melchhamunda from tomorrow to 6th February, 2023. 4. He draws attention to memo dated 28th January, 2023 issued by IIC, Melchhamunda P.S addressed to the Sub-Collector on submission of enquiry/feasibility report regarding the 'Sammilani'. He submits, this was permission granted to hold the 'Sammilani'. The police authority had directed the organizer/karta to follow points mentioned in the memo. The points are extracted and reproduced below. '1. Follow the strict guideline of Covid-19 2. To ensure maintenance of L/O situation, provide sufficient numbers volunteers. 3. To proper organize the parking of vehicle specially 4,3,2 wheeler including bicycle for their safety and security, 4. To provide sufficient drinking water to the clap eyes on/devotees. 5. Provide first add medical service. 6. Obtain necessary permission from fire service authority, 7. Obtain necessary order/permission from Electrical Authority, 8. Obtain NOC from the land authority where the cultural programmer is going to be organized 9. They will be held responsible for any kind of deviation.' 5. Mr. Choudhury submits further, his client is representing the Sangha, who has been served with memo dated 2nd February, 2023, also issued by IIC, Melchhamunda and addressed to the Sub-Collector. By the memo, the police authority has requested that said earlier memo dated 28th January, 2023, being enquiry/feasibility report, be treated as cancelled. He submits, thereby the permission has been withdrawn. Devotees have gathered and requisites in said memo dated 28th January, 2023 duly complied with. There cannot be any reason to obstruct holding of the 'Sammilani' in the manner sought to be done. He seeks interference. 6. Mr. Sharma reiterates his prayer for adjournment on submission that he could not obtain instructions over telephone, in the time allowed. 7. Text of impugned memo dated 2nd February, 2023 is reproduced below. There cannot be any reason to obstruct holding of the 'Sammilani' in the manner sought to be done. He seeks interference. 6. Mr. Sharma reiterates his prayer for adjournment on submission that he could not obtain instructions over telephone, in the time allowed. 7. Text of impugned memo dated 2nd February, 2023 is reproduced below. 'With reference to the above cited subject and letter number, I am to report that as per instruction of Sub-Collector, Padampur vide letter No-488, Dt- 27.01.2023, I have submitted enquiry report vide Memo No-99/PS. Dt. 28.01.2023 regarding public security and Feasibility about congregation of 72th Utka Pradesika Bhakta Sammilanee at Melchhamunda which will be held from 04.02.2023 to 06.02.2023. Subsequently, letter No-VI-12/2020 I 185/Judl. Dt- 01.02.2023 and Letter No.-VI-12/2020 4666, Judl. Dt. 19.01.2023 of O/O The Collector and District Magistrate (Judicial Sec.) Bargarh has been obtained with instructions in order to not grant any permission to hold Sammilanee / Religious Congregation by Utka Pradesika Bhakta Sammilanee in the district of Bargarh at Melchhamunda from 04.02.2023 to 06.02.2023 claiming as the office bearers of Neelachala Saraswat Sangha Puri.' (emphasis supplied) It appears from the memo that Collector and District Magistrate, Bargarh had obtained instructions to not grant any permission to hold Sammilani/religious congregation by petitioner claiming as done by office bearer of Neelachala Saraswat Sangha, Puri. It is clear, in compliance with conveyance of such instructions, the IIC requested that enquiry/feasibility report, submitted by said memo dated 28th January, 2023, may kindly be treated as cancelled. 8. Said memo dated 28th January, 2023 is a enquiry/feasibility report. It can be cancelled but on reasons for it. A good reason would have been a duly authorized and empowered office as had conducted a subsequent enquiry/feasibility study to find that the enquiry/feasibility report submitted by the police was incorrect. That is not the case here. The police, it appears, having inquired and submitted the report, cancelled it on conveyance of instructions, had by offices of the Collector and District Magistrate (judicial section), Bargarh. Basis for the instruction appears to be objection to Utkal claiming to be office bearers of Neelachala Saraswat Sangha, Puri. Such is not basis that can be sustained in judicial review, invoked by petitioner. More so, because in aforesaid memo dated 28th January, 2023, the police had not said anything with regard to identity of the organization. 9. Basis for the instruction appears to be objection to Utkal claiming to be office bearers of Neelachala Saraswat Sangha, Puri. Such is not basis that can be sustained in judicial review, invoked by petitioner. More so, because in aforesaid memo dated 28th January, 2023, the police had not said anything with regard to identity of the organization. 9. No purpose will be served in issuing direction for filing counter, to come in post event. Impugned memo is set aside and quashed. The writ petition is allowed and disposed of. 10. Free copy of this order be given to the parties, if requested on requisition made for certified copy thereof.