Samir Mohanty …. Petitioner
-versus-
State of Odisha and others …. Opposite Parties
19. On the face of these opinions of the Superintending Archaeologist as reflected in the said Minutes, we cannot infer, contrary to what has been advised by the Superintending Archaeologist, ASI-Opposite Party No.7 by acceding to the prayers made by the Petitioner. No mala fide has been attributed to the SJTMC. Even the apex Court has observed that the SJTMC has to take steps as it is the sole repository of faith. As no mala fide has been attributed in respect of any action of the SJTMC, in our considered view, they should be allowed to function in accordance to their resolution taken in the meeting held on 4th August, 2023. So far as the question of maintainability is concerned, we might have taken a view against the Petitioner, but the Petitioner has raised two important issues viz. (I) safety of the Ratna Bhandar and (II) transparency in respect of the valuable articles stored in the Ratna Bhandar. Even if we dismiss the writ petition on the question of locus standi, that dismissal may not refrain the court from delving deeper into these questions as Shri Jagannath Temple is the beacon of ultimate faith of millions of people. In such circumstances, we direct the State Government to constitute a High Level Committee, if they are approached by the SJTMC for supervising the process of inventorisation of the valuables including jewelleries stored in the Ratna Bhandar. Such Committee be constituted by the State Government within a period of sixty days from the date when the SJTMC will approach them. The said Committee shall assist the SJTMC in carrying out inventorisation as aforenoted. But, we are not persuaded to interfere with the plan of work regarding inventorisation and repair works of the interior walls of the Ratna Bhandar of Shri Jagannath Temple, as prepared in the meeting held on 4th August, 2023 on advice of the Superintending Archaeologist, ASI-Opposite Party No.7. As the apex Court has observed, we are to keep our faith in the SJTMC in management of the Ratna Bhandar and its structure. If there had been any sense of urgency, we believe that the Superintending Archaeologist would have advised the SJTMC accordingly.
20. Before parting with the records, we would observe that the Archaeological Survey of India (ASI) and Shri Jagannath Temple Managing Committee (SJTMC) will collaborate actively on the conservation works of the Ratna Bhandar. We expect that the State Government shall come forward for efficient management when their cooperation will be sought by the SJTMC.
21. In the above terms, this writ petition stands disposed of.
22. Urgent certified copy of this judgment be granted as per rules.
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