Judgement

K. L. NARASIMHAM, C. J. :- This is a petition under Art. 226 of the Constitution by the Raja of Puri challenging the constitutional validity of Sri Jagannath Temple Act, 1955 (Orissa Act 11 of 1955) (hereinafter referred to as the Act) passed by the Orissa Legislature and published in the Orissa Gazettee dated 4-11-1955.

2. The petition was filed by Sri Ramchandra Deb, who made extravagant claims to the effect that the Temple of Lord Jagannath at Puri (hereinafter referred to as the Temple) was the private temple of his family, that all its moveable and immovable properties were also his private properties and that by passing the Act the Orissa Legislature infringed the fundamental rights guaranteed under Arts. 14, 19, 26, 27, 28 and 31(2) of the Constitution. Sri Ramchandra Deb died after the filing of the petition and his son Sri Bira Kishore Deb, was substituted in his place on 5-3-1957. Mr. A.C. Gupta who appeared for Sri Bira Kishore Deb frankly conceded that the Temple was a public Temple and the properties of the Temple were the properties of the Deity and not the private properties of the Raja of Puri. In view of this concession, the scope of the controversy between