Facts
The petitioner challenged the Deputy Commissioner, Kullu’s order dated 10 January 2025 rejecting its representation seeking an invitation and facilities at the Kullu Dussehra festival.
Source reference: para. 2In an earlier writ petition, the High Court had directed the competent authority to decide the representation in light of an inquiry report recommending the petitioner’s registration with the Banjar Kardar Sangh.
Source reference: paras. 2–4The respondents did not specifically dispute the petitioner’s registration, but maintained that it was a personal or “gharelu” deity, lacked recorded historical recognition, and had separated from the original Devta Bansheera.
Source reference: paras. 6–8They also relied on space and financial constraints, and on the practice of inviting deities with historical significance and wide recognition.
Source reference: paras. 9–16Issues
Whether the Deputy Commissioner’s rejection of the petitioner’s representation seeking an invitation to the Kullu Dussehra festival was unlawful, notwithstanding the petitioner’s registration with the Kardar Sangh.
Source reference: paras. 5–6, 18Whether the petitioner was entitled to the same invitation and festival facilities as the deities invited by the Dussehra Festival Committee.
Source reference: paras. 5–8, 11, 16Law Applied
The Court considered its jurisdiction under Article 226 of the Constitution, invoked by the petitioner to seek judicial review of the Deputy Commissioner’s order.
Source reference: para. 1No statute or judicial precedent was cited as governing the selection of deities for invitation.
Source reference: no citationThe Court assessed the Committee’s practice by reference to tradition, historical significance, wide recognition, and logistical and financial constraints; it treated the Wajib-ul-Arz, as part of the revenue record, as relevant evidence of a deity’s historical background and associated customs.
Source reference: paras. 12–15The Court also considered the Kardar Sangh’s role in recommending deities for invitation.
Source reference: paras. 10, 15–16Reasoning
The Court found that the petitioner’s deity was established after separating from the original Devta Bansheera, that the petitioner’s chariot was not historical, and that the petitioner had no mention in the applicable Wajib-ul-Arz.
Source reference: paras. 9–12, 16It accepted the respondents’ position that invitations were guided by tradition and historical recognition, and that extending invitations to additional personal deities was constrained by available space and resources.
Source reference: paras. 13–15The petitioner had not shown that similarly situated deities lacking historical record or recognition had been invited and given equivalent facilities.
Source reference: para. 11Registration with the Kardar Sangh, without the relevant historical recognition or recommendation, therefore did not establish an entitlement to an invitation or equal facilities.
Source reference: paras. 10–11, 15–16Holding
The Court held that no illegality or infirmity had been shown in the Deputy Commissioner’s order dated 10 January 2025.
It dismissed the petition, leaving the petitioner to pursue any appropriate remedy in accordance with law; pending applications were also disposed of.
Source reference: para. 18Original Court PDF
DEVTA BANSHEERA MAHARAJ SIDHWANvsSTATE OF HP AND ORS
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