DEVTA BANSHEERA MAHARAJ SIDHWAN vs STATE OF HP AND ORS

High Court of H.P.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.15559 of 2025
Date of Decision: 15.10.2026
_____________________________________________________________________
Devta Bansheera Maharaj Sidhwan ……...Petitioner
Versus
State of Himachal Pradesh & Ors. …....Respondents


Coram

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? Yes.

For the Petitioner: Mr. Subhash Mohan Snehi & Ms. Bhavinta
Kumari, Advocates.

For the respondents: Mr. Rajan Kahol, Additional Advocate
General with Mr. Ravi Chauhan & Mr. Anish
Banshtu, Deputy Advocates General.

___________________________________________________________________________

Sandeep Sharma, J. (Oral)

Being aggrieved and dissatisfied with order dated
10.01.2025 passed by the Deputy Commissioner, Kullu, District
Kullu, Himachal Pradesh, in Case No. 40/DC/Misc./Kardar/2024,
titled Tej Ram, Kardar versus Dussehra Festival Committee, Kullu
through ADM Kullu-cum-Member Secretary , whereby representation
filed by the petitioner in terms of judgment dated 09.08.2024 passed
by the learned Coordinate Bench of this Court in CWP No. 7017 of
2024, titled Devta Bansheera Maharaj Sidhwan versus State of
H.P. and others , came to be dismissed, petitioner has approached
this Court in the instant proceedings filed under Article 226 of the
Constitution of India, praying therein for the following main reliefs:

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“a. That writ of certiorari may kindly be issued, quashing and
setting aside the impugned order dated 10.01.2025 passed by
Respondent No. 2 in Case No. 14/DC/Misc./Kardar/2024
(Annexure P. 11).

b. That writ of mandamus may kindly be issued, directing the
respondents to send prior invitation to the petitioner Devta
Bansheera Maharaj Sidhwan, Tehsil Banjar, District Kullu, H.P.
for its presence in Kullu Dussehra festival every year like other
Devi-Devtas to adorn Kullu Dussehra.

c. That writ of mandamus may kindly be issued, directing the
respondents to provide facilities of appropriate sitting place,
tent/tarpaulin and mat etc. to the petitioner and its Haryans in
Dussehra ground like other Devi-Devtas, who remain on the
special occasion of Kullu Dussehra festival every year.”

2. Precisely, the facts of the case, as emerge from the
pleadings as well as other material adduced on record by the
respective parties, are that on account of non-extension of an
invitation to participate in the Dussehra festival at Kullu, petitioner
approached this Court by way of CWP No. 7017 of 2024. In those
proceedings, specific reference was made to the inquiry report dated
27.05.2017 regarding the registration of Devta Bansheera in the Devi-
Devta Kardar Sangh, Banjar Block, Tehsil Banjar, District Kullu,
submitted by the Sub-Divisional Magistrate, wherein it was observed
as under:
“In view of the above discussion, I am of the view that the
existence of the Separate deity of Devta Bansheera and its
Haryans cannot be ignored. As such the President of Devi-
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Devta Kardar Sangh, Block Banjar is directed to register
the Devta Bansheera Maharaj, Sidhwan, Phati Manglore,
Tehsil Banjar, District Kullu in Kardar Sangh.”

3. Since, despite aforesaid report submitted by the Inquiry
Committee, no action was being taken by the Kardar Sangh to register
the name of the petitioner, aforesaid writ petition came to be filed
before this Court. Coordinate Bench of this Court, vide judgment
dated 09.08.2024 (Annexure P-9), disposed of the writ petition with a
direction to the competent authority to consider and decide the
representation of the petitioner in accordance with law, keeping in
view the inquiry report, within a period of six weeks from the date of
passing of the order.
4. Though in terms of the aforesaid order, petitioner
submitted a representation dated 16.08.2024 to the Deputy
Commissioner, Kullu (Annexure P-10), but yet since needful was not
done within the stipulated period, petitioner was compelled to file
COPC No. 694 of 2025, which subsequently came to be disposed of on
22.07.2025 on the ground that vide order dated 10.01.2025,
representation filed in terms of the judgment alleged to have been
violated stood decided. In the aforesaid background, petitioner has
now approached this Court in the instant proceedings, laying therein
challenge to order dated 10.01.2025 passed by the Deputy
Commissioner, Kullu.
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5. Precisely, the case of the petitioner, as has been
highlighted in the petition and further canvassed by Mr. Subhash
Mohan Snehi, learned counsel for the petitioner, is that once it is not
in dispute that petitioner-Devta stands registered with the Kardar
Sangh, there was no occasion for the Dussehra Festival Committee to
deny an invitation to petitioner-Devta to participate in the Dussehra
festival scheduled to be held from 20.10.2026 to 27.10.2026.

6. Pursuant to notices issued in the instant proceedings,
respondents No. 2 to 4 have filed reply under the signatures of the
Deputy Commissioner, Kullu, wherein, though factum with regard to
registration of petitioner-Devta with the Kardar Sangh has not been
specifically denied, but an attempt has been made to refute the claim
of the petitioner on the ground that as per record, deity of the
petitioner had never attended the Dussehra festival prior to 2023 and
as such, its claim for equal status and facilities similar to those
provided to invited deities is not justified. While specifically admitting
that Dussehra Festival Committee makes proper arrangements and
provides facilities only to such invited deities as have historical
significance and wide recognition and have been visiting the
prestigious festival for a long time, it has been stated in the reply that
District Devta Kardar Sangh, Kullu, passed a resolution against
entertaining newly created palanquins of deities at the Dussehra
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festival, which was conveyed to respondent No. 2 vide letter dated
10.10.2011.
7. While referring to the minutes of the meeting held on
21.10.2023, it has been averred in the reply that issue of preventing
uninvited deities from participating in the International Kullu
Dussehra was discussed in the aforesaid meeting, wherein it was
categorically decided that uninvited deities would not be allotted space
in the Dussehra Ground and could be accommodated at Nehru Park
without any arrangements or facilities being provided by the
Committee. It has further been averred in the reply that if the number
of uninvited deities continues to increase, it would not be possible for
the respondents to provide space for all of them.
8. Dismissal of the petition has been sought on the ground
that appropriate authority for taking final decision regarding the
issuance of invitations to new deities is the Kardar Sangh, which has
not been impleaded as a party in the instant proceedings. It has
further been averred that since extension of invitations involves
financial implications, it is not possible for the Dussehra Festival
Committee to invite all the Devi-Devtas of the area, rather, invitations
are extended only to those deities which have historical significance.
9. Having heard learned counsel representing the parties
and perused material available on record, this Court finds that old
chariot of Devta Bansheera was made around in 1990 and local
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th
festival is celebrated on 13 Magh by the followers of this Devta.
Original deity, represented by its chariot, started participating in the
Kullu Dussehra festival in 2007, as per record of the Nazrana Register.
Second chariot, created by the petitioner, is considered to represent a
personal deity and no festival of this deity is celebrated. According to
the Wajib-ul-Arz, containing the customary laws prevailing in the area,
there is no mention or description of the said deity, which suggests
that it has no recorded historical significance. Report submitted by the
Sub-Divisional Officer (Civil), Banjar, further reveals that deity
represented by the petitioner was newly created or established by a
small group of supporters following differences of opinion with the
followers of the original deity.
10. As per own admission of the petitioner before the Inquiry
Officer, Wajib-ul-Arz of the area and the report submitted by the Sub-
Divisional Officer (Civil), Banjar, indicates that petitioner-Devta is a
gharelu Devta, having no recorded historical reference or wide
acceptance among the general public. Deity came into existence
following its separation from the original Devta Bansheera in 1990,
whereas original deity has been participating in the Dussehra festival
since 2007. Since petitioner-Devta is a personal deity followed by a
limited group of people, District Administration or Government cannot
straightaway extend an invitation to it, rather recommendation in that
regard is required from the Kardar Sangh.
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11. Since petitioner has failed to produce any evidence to
suggest that similarly situated deities, having no historical record or
recognition, have been invited to the Dussehra festival and provided
facilities similar to those extended by the Committee to deities having
wider and historical acceptance, no illegality can be said to have been
committed by the Deputy Commissioner, Kullu, while passing
impugned order. This Court also finds, from the pleadings placed on
record by the respondents, that petitioner-Devta separated from the
original Devta Bansheera, which regularly participates in the
Dussehra festival.
12. Wajib-ul-Arz is a document prepared by the Revenue
Officer during settlement proceedings and forms part of the record of
rights. It holds considerable importance in determining history of
deities and duties of associated dignitaries or office-holders. Wajib-ul-
Arz relating to Kothi Manglore, applicable to Phati Raagri, provides
detailed description of deities, their rituals and responsibilities of
those associated with them. Aforesaid document is relevant for
establishing historical background of a deity and determining duties of
the concerned dignitaries. Since petitioner-Devta finds no mention in
Wajib-ul-Arz, this Court is persuaded to agree with the submission
made by learned Additional Advocate General that petitioner-Devta
lacks recorded historical recognition.
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13. Since no documented criteria exist, Kullu Dussehra
Festival Committee has been following tradition as the principal
benchmark for inviting deities. In other words, invitations are
extended to deities which have been attending, or have been invited to,
Kullu Dussehra festival for generations and have been widely
venerated in the area, as reflected in the Wajib-ul-Arz forming part of
the revenue record. Besides above, it is also seen that deities having
sufficient number of followers spread across large area, who celebrate
various festivals and perform services for the deity, are invited to
participate in the Dussehra celebrations.
14. In the year 2018, large number of applications from large
number of Devtas were received to accord permission to participate in
Kullu Dussehra and as a one-time measure (strictly without
precedence) new Devtas who were attending the Kullu Dussehra
without invitation were considered on the recommendation of Kardar
Sangh, but since Kullu Dussehra festival has both spatial and
financial constraints, practice of inviting more Devtas cannot be
sustained for various reasons.
15. Vide Resolution No. 6 dated 10.10.2011, Kullu Jila Devta
Kardar Sangh asserted that personal deities should not be invited to
the Kullu Dussehra festival owing to constraints relating to space,
logistical arrangements and financial implications, and only deities
having historical significance and wide recognition should be invited.
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In the case at hand, petitioner-Devta, being a gharelu Devta, cannot be
accommodated in view of the large number of such gharelu deities in
the district. The prerogative to recommend or extend invitations rests
with the Kardar Sangh.
16. As per own case of the petitioner, deity came into
existence in 1990 after separating from the original Devta Bansheera.
Rath of the petitioner-Devta was also created by the Kardar and as
such, is not historical in nature, unlike the original Rath, which has
been participating in the Dussehra festival since 2007. Since Devta
functions as a unique cultural institution, binding society culturally
and religiously and serving as a centre of faith for the local
community, the prerogative of recommending deities for invitation to
the festival ought to remain with the Kardar Sangh. Though
respondents have taken note of the fact that a large number of gharelu
Devtas visit the Dussehra festival and have earmarked a place known
as Nehru Ground for such deities, no facilities of the kind provided to
invited deities are extended to them.
17. Though Mr. Subhash Mohan Snehi, learned counsel for
the petitioner, while referring to various documents placed on record,
attempted to argue that petitioner-Devta has a historical lineage, but
aforesaid contention is contrary to the facts placed on record by the
respondents. This Court, in the instant proceedings, is unable to
accept the said contention on the basis of the material available on
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record. The petitioner, if so advised, may avail of the appropriate
remedy in accordance with law.
18. Consequently, this Court finds no illegality or infirmity in
the impugned order dated 10.01.2025 passed by the Deputy
Commissioner, Kullu and as such, present petition fails and is
dismissed accordingly. Pending application(s), if any, also stand
disposed of.


(Sandeep Sharma),
Judge
October 15, 2026
(sunil)
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