Judgement

PATRA, J. :- The petitioner who is a resident of Cuttack and is a tax-payer of various taxes levied by the State Government has filed this writ application under Article 226 of the Constitution for issuance of a writ of mandamus directing the State of Orissa to forbear from spending any amount from the public funds of the State for renovation of the tanks of Markanda, Narendra and Swetaganga at Puri. It is stated in the petition that these tanks are held in high reverence by the Hindu public who use them for religious purposes and periodical religious rites of Lord Jagannath of Puri are performed there. Spending of money from out of the funds of the State for renovation of these tanks amounts to maintenance of the Hindu religion which is forbidden by Article 27 of the Constitution and it is consequently alleged that the State Government cannot incur the expenditure.

2. The State in its counter-affidavit contends that the tanks in question are used by the general public for bathing and drinking purposes. It was found that the tanks were in a state of disrepair and had become places for breeding of mosquitoes. Persistent complaints were received from the public for repair and