Judgment

M. Jagannadha Rao, J.-These three Civil appeals arise out of the same judgment of the High Court and can be disposed of together. Civil Appeal No. 2546 of 1992 has been filed by the ‘Hindu Public’ through their representative Sri K.C. Malla, Advocate Bhubaneshwar, Orissa. The said Advocate also figures as the 2nd appellant. Civil Appeal Nos. 2547-48 of 1992 have been filed by Rajdhani Puja Samithee (hereinafter called the ‘Society’), on behalf of itself and also representing appellants Nos. 2 to 4, the Deities Sri Bhubaneswar, Sri Bhubaneswari and Sri Hanuman.

2. The following are the facts:

In 1949, a group of persons started Durga Puja, Laxmi and Kali Puja and related festivals in Bhubaneshwar near the Raj Mahal Chhat. Later, at any rate from 1955, these religious festivals and pujas were shift­ed to an open place belonging to Government, opposite to the Market building. In that year, an informal Committee came into being. Dona­tions were being received for the aforesaid purposes from public as is clear from Exhibit F. With a view to have a permanent place for these pujas, a group of persons from among the organisers of these festivals and pujas, formed into the Durga Puja