SARAT KUMAR GAJENDRA vs COLLECTOR AND DISTRICT MAGISTRATE, KHORDHA

WP(C)/26356/2025
ODHC010665462025
2026:OHC:220-DB
IN THE HIGH COURT OF ORISSA AT CUTTACK


W.P.(C) No. 26356 of 2025
CNR No.ODHC010665462025

Sarat Kumar Gajendra …. Petitioner

-versus-
…. Opposite Parties
Collector & District Magistrate,
Khordha and others


Advocates appeared in this case:

For Petitioner : In Person
Mr. Laxman Pradhan, Advocate

For Opposite Parties-State : Mr. Debashis Tripathy,
Additional Government Advocate
For Intervener : Mr. P.K. Ray, Senior Advocate


CORAM:
E THE CHIEF JUSTICE
HON’BL
AND
R JUSTICE MRUGANKA SEKHAR SAHOO
HON’BLE M

J U D G M E N T
-------------------------------------------------------------------------------
th
Date of Hearing and Judgment: 16 October, 2026
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HARISH TANDON, CJ.
1. The public order, the morality and health have to be
embraced and understood in the perspective of the constitutional
aspirations under Article 25 of the Constitution of India. The framer
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of the Constitution debated extensively in the Constituent Assembly
and after threadbare discussions and discourse under each and every
Article, celebrated in the Constitution given by the people of the
th
country adopted on 26 January, 1950 becomes a living evolving
document encompassing Fundamental Rights, the Directive
Principles and reciprocal obligation of the Government vis-à-vis its
citizens.
2. The word "Republic" appearing in the Preamble of the
Constitution is a reminder of a federal system to govern the country
with the rights having conferred and vested upon the States. The
country is not governed with the feudal system giving supremacy
and/or primacy to one over the other but embraces the equality
principles, not only in every sphere of life but also in professing the
religion.
3. The word "Secular" appearing in the Preamble reaffirms the
commitment attached to the Constitution that every citizen has a
fundamental right to profess the religion and perform such rituals,
subject however to certain restrictions which the Government may
impose, obviously in relation to maintenance of a public order under
Entry-1 of State List in Schedule-VII of the Constitution of India.
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4.
Though the fundamental rights are inhered and ingrained
into every citizen of the country yet, it is not absolved from
reasonable restrictions to be imposed by the sovereign under the
aegis of the powers to legislate. Even legislation must confirm to the
Constitutional ethos and the provisions governing the said field and
the Constitutional Courts are not denuded of power to overreach the
legislative domain, in the event, such legislation is found to offend
any of the provisions of the Constitution or its morality.
5. Often question arises when the fundamental rights
guaranteed to each and every individual as a citizen of the country is
pitted against the fundamental rights enjoined by a large section of
the society. There is no scintilla of doubt in our mind that if the
fundamental right of a person is overlapping the fundamental rights
of a large section of the society, the law respects the larger interest
over an individual interest.
6. The aforesaid proposition of law can be fortified from a
judgment of the apex Court rendered in the case of Tarak Singh and
another v. Jyoti Basu and others , reported in (2005) 1 SCC 201
wherein, the apex Court, in unequivocal terms, held that in case
where the private interest is pitted against the public interest, the
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importance and/or primacy must be given to the public interest over
such individual interest in the following:
" 24. In the backdrop of the facts and circumstances, as
recited above, we are of the view that the conduct of the
learned Judge is beyond condonable limits. We are
aware that the order, we propose to pass, no doubt is
painful, but we have to perform a painful duty to instil
public confidence in the judiciary. It is a case where a
private interest is pitted against the public interest. It is
now a well-settled principle of law that in such cases the
latter must prevail over the former. Consequently, the
order dated 24-7-1987 passed by the Chief Minister and
the formal allotment order dated 16-10-1987 allotting
Plot No. FD-429 measuring 4 cottahs in Salt Lake City
in favour of Respondent 24 Justice B.P. Banerjee are
hereby quashed and cancelled. The plot shall stand
vested with the Government."
7. Article 25 of the Constitution of India contained in Part-III
encapsulates within its fold the Right to Freedom of Religion.
Clause-1 of the said Article ordains that all persons are equally
entitled to freedom of conscience and freely to profess, practice and
propagate religion but the said Article starts with the restrictions
signifying that such right to profess religion is not an absolute or
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inchoate right but subject to the restrictions in relation to a public
order, morality and health and to other provisions of the said Part.
8. The expression "subject to the other provisions of the Part"
makes it subservient to the other rights guaranteed under the said
Part-III, including Article 19 of the Constitution of India, which
encompasses the protection of the rights regarding the Freedom of
Speech and Expression, assemble peacefully and without arms,
forming of an association or union or cooperative society, free
movement throughout the territory of India, right to reside and settle
in any part of the territory of India and to practice any profession or
carrying on any occupation, trade or business.
9. Thus, Article 25 which has its applicability in a restricted
manner because of the language having used therein has to be read
harmonize and harmonize in juxtaposition with the other provisions
of the said Part and the endeavour of the Court would be in this
regard to give such interpretation which would render all the
provisions of the said Part to work in tandem and not to render
otiose. The right to profess religion, either individual or in
community, is one of the facets of the Fundamental Rights and being
embraced since time immemorial.
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10.
The religious activities, its rituals and its mode of
performance through a community is all along being a part of the
tradition, the culture and the mode of life which this country enjoins
holding of the festivals ordained in a particular religion is always
considered amongst the community or a section of the community
bringing them together and propagating peace, welfare, harmony and
affection amongst the peoples.
11. Our country rejoices the unity amongst the diversity and
also recognizes the right to profess religion by each and every
section of the people in equal manner and the discriminations in this
regard is always eschewed and the Courts often frowned upon the
State in the event it is found that the State has discriminated the
section of the society on the ground of religion.
12. Performing of Durga Puja and/or Ganesh Puja or any other
idol depending upon the region and the community by gathering of a
large number of the persons is one of the integral parts of the culture
and the tradition and at times, for convenience and are providing an
easy access. Those are performed in a temporary manner by putting
pandals on the public road.
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13.
We are conscious that right to free movement not only
originates from Article 19 but also a facet of life under Article 21 of
the Constitution yet, an individual cannot assert that the same is
completely hindered in the event it is found that taking into account
the larger public interest, the necessary permission and/or license is
granted by the State to organize such festivals across the country.
The same does not hinder nor infringe any right provided they have a
right of free access but in a restrictive manner.
14. The State is also vested with the power to enact or
promulgate statute, putting such restrictions to enjoyment of right
guaranteed under Part – III in absence of any illegality and/or
unconstitutionality of such statute therefore, an individual cannot
assert that he has a larger interest over the public interest. Even if
those festivals are performed on a public place, the State must ensure
that the movement of public to their respective places of residence is
not hindered or completely blocked nor the Court would conceive of
that there is no access provided which would have a larger cascading
effect in case of emergent situations. Even if the pandals are
constructed on a public place, there should be adequate space left for
the movement of the vehicles or at least the movement of an
ambulance and/or a fire engine in case of any emergency to avoid
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any public disorder or a disharmony into a large section of the
society.
15. The instant Public Interest Litigation is filed by the
petitioner whose house is 50 meter away from the place where the
pandal is put temporarily for some days to perform the puja of Lord
Ganesh or Goddess Durga, that because of the same, there is a
complete blockade of the road making the petitioner inaccessible to
his own house.
16. At the time of admission of the instant Public Interest
Litigation, we were inculcated a sense and a direction was passed by
this Court to effect service upon the State instrumentalities inviting
their response to such allegation. The affidavits filed by the State
would corroborate that those pandals, where a large section of the
society professes religion by offering puja, have never blocked the
road in its entirety but there is a 22 feet passage left for commutation
of the vehicles ensuring the uninterrupted vehicular movement.
17. Though the petitioner is very much critical on such stand
and vociferously refuted the stand of the State, but we feel that once
the facts are to be decided on oath-to-oath basis, the Court should
always believe the statement which appears to be reasonable and/or
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rational. Even apart, it is an ardent duty of the State to see that there
is no obstruction in a restrictive movement of the vehicles, at least
the persons who reside in the locality will have an access for ingress
and egress thereof.
18. Once the State has come with a categorical stand that while
granting the permission to perform such religious festivals, it is
indicated that it would not block the road in its entirety but there
should be sufficient and/or reasonable passage for movement of the
vehicles. Since the Public Interest Litigation was entertained by this
Court, such factum was spread across the locality and a large number
of inhabitants have approached this Court and sought to intervene in
the proceedings, including the distant relatives of the petitioner.
19. Though the petitioner has strongly refuted such stand, but
we do not intend to delve deep into such aspect treating those
persons as the persons living in the said locality and supporting the
performance of the community festivals. As we indicated
hereinbefore that the larger public interest overshadowed an
individual interest, we do not feel that there should be a complete
stoppage of the performance of those religious ceremonies or the
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puja in the garb that it obstructs the movement of the vehicles and
also access to the inhabitants of the said locality.
20. The Government has issued a guideline in tune with the
provisions of the statute enacted in this regard ensuring that each and
every person should not be deprived of an access to their respective
homes nor the vehicle should be completely stopped denying such
right to which we do not think that it is a fit case where this Court
should pass a writ of mandamus .
21. Suffice to say that while granting such license to a
community in performing such religious festivals, the Government
should ensure that there is no complete disruption in the movement
of the vehicles nor the person should be denied a passage for ingress
and egress. Adequate distance should be strictly adhered to, which
makes the movement of the emergency vehicles, so that in case of
any emergency, such facilities and/or amenities are available at their
doorstep.
22. The Government shall also maintain the permissible sound
limit while organizing those festivals and the deadline which is fixed
beyond which it should not be allowed. Since the temporary pandals
are put for the religious purposes, a congenial and religious
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environment should be maintained as there is hardly any room for
any other activities to be performed therein. The Government shall
also ensure that the temporary structures put on the public road
should be of such measurement which would not eclipse the right of
movement, as the reasonable restrictions are permissible and
adequate space should be left for vehicular movement.
23. We appreciate the anguish and agony shown by the
petitioner flagging such important issues which cannot be brushed
aside nor to be nipped in the bud and, therefore, we feel to make
such observations.
24. With these observations and directions, the instant writ
petition is disposed of.
(Harish Tandon)
Chief Justice


(M.S. Sahoo)
Judge

Sisira/S. Behera
Signature Not Verified
Digitally Signed
Signed by: SISIRA KUMAR BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Oct-2026 20:10:13
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