( 2025:HHC:31981) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 10966 of 2024 Decided on: 17.09.2025 Devta Aadi Brahma …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Ankush Dass Sood, Senior Advocate with Mr. Gaurav Bhardwaj, Mr. Ankit Dhiman and Mr. Ruchirangad Singh. For the respondents: Mr. L.N.Sharma and Mr. Y.P.S. Dhaulta Additional Advocates General with Ms. Menka Raj Chauhan,Deputy Advocate General & Mr. Rajat Chaudhary, Assistant Advocate General, for the respondent-State. Mr. Paras Dhaulta, Advocate, for the applicant in CMP No.26117/2024 Mr. Sandeep K. Pandey, Advocate, bfor the applicant in CMP No.13146/2025 Jyotsna Rewal Dua , J CMP No. 26117/ 2024 For the reasons stated in the application, the same is allowed and Aadi Brahma Mandir Vikas Samiti is impleaded as 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 ( 2025:HHC:31981) respondent No.4. The application stands disposed of. Necessary corrections be carried out in the cause title. CMP No.13146/ 2025 For the reasons stated in the application, the same is allowed and Mr. Jeet Singh, Senior Gur Malega Devta Aadi Brahma, S/o Sh. Moti Ram, R/o Ward No.1, Damachani, Mohal Kothi, Tehsil and District Kullu, H.P is impleaded as respondent No.5. The application stands disposed of. Necessary corrections be carried out in the cause title. CWP No. 10966 of 2024 Heard learned counsel for the parties and considered the case file. 2. It appears that on 08.09.2024, Devta Aadi Brahma Mandir Vikas Samitti passed a resolution to bring irregularities allegedly being committed by the Kardar Sh.Uttam Ram of Devta Aadi Brahma to the notice of the Sub-Divisional Magistrate (S.D.M), Kullu. Thirteen Gram Panchayats are also stated to have passed resolution on different dates objecting to the working of Kardar of Devta Aadi Brahma and to bring such irregularities allegedly being committed by him to the notice of S.D.M., Kullu. 3. On 11.09.2024, cognizance of the resolutions/ complaint against the Kardar was taken by S.D.M., Kullu and notices were issued including to the Kardar, Devta Aadi Brahma. On 12.09.2024, order was passed by S.D.M., Kullu directing holding of an inquiry as under:- 3 ( 2025:HHC:31981) “1. Details of total money i.e. deposited amount and cash in hand, share received from Haryans, amount received as general collection, proceeds of melas donation box etc. to be provided; 2. Income expenditure register, cash book, receipt, vouchers of material purchased, mustroll of labour etc. to be provided; 3. Details of proceeds coming out of sale of fruits nad other crops from the land & orchard belonged to Devta Aadi Brahma to be provided; 4. Details of payments made to Gur, Pujari, musicians etc. to be provided; 5. Details of Nazrana endowed to Devta Aadi Brahma during Dussehra festival to be provided.” The concerned S.D.M also ordered to cease operation of all accounts in the exclusive name of Devta Aadi Brahma with immediate effect till further orders. Naib-Tehsildar, Bhuntar was appointed as Administrator of Devta Aadi Brahma. Kardar was refrained from carrying out any financial transactions. Naib- Tehsildar having been appointed as an Administrator was entrusted with the power to carry on all routine works relating to Devta Aadi Brahma till completion of investigation. Police was directed to provide adequate manpower to Naib-Tehsildar as and when required by him in discharge of duties as Administrator of Devta Aadi Brahma. 4. Feeling aggrieved against the order dated 12.09.2024 passed by S.D.M, Kullu, Kardar of Devta Aadi Brahma preferred this writ petition for the grant of following substantive reliefs: - 4 ( 2025:HHC:31981) “A. Issue a Writ of Certiorari or any other appropriate writ, order, or direction, quashing the order dated 12.09.2024 (Annexure P-2) issued by respondent No.1-SDM, Kullu, and hte subsequent actions of the Naib-Tehsildar, including the formation of a new Devta Committee being against the principle of Natural Justice; B. Direct the respondents to restore the status-quo as it existed prior to the issuance of the impugned order, and reinstate the traditional Devta Committee headed by the petitioner as per the Wazib-ul-Arz; C. The respondnets may kindly be directed to conclude the proceedings pending before the Sub-Divisional Magistrate (S.D.M.) in a time-bound manner.” Vide order dated 13.11.2024 passed in this writ petition, Sh. Uttam Ram, Kardar of the Devta Aadi Brahma, was directed to continue to render his services as Kardar especially for performing ‘pooja’ of Devta with further orders that no interference would be caused by the S.D.M, his officials or the complainants in performing of services as Kardar by Sh.Uttam Ram. It was also ordered that control of assets and property of the Devta Aadi Brahma shall remain with the S.D.M and proper account thereof shall be maintained till the conclusion of inquiry and decision if any with regard to entitlement of the petitioner for performing duties of Kardar of Devta. Assets and liabilities of the Devta Aadi Brahma were not to be passed to any other committee. The order dated 13.11.2024 reads as under:- “Though reply to the main petition stands filed at the behest of respondent No.2 but reply to the supplementary affidavit, 5 ( 2025:HHC:31981) which otherwise appears to be important in the case at hand, is yet to be filed by the respondent-State. Mr. B.C. Verma, learned Additional Advocate General prays for and is granted last opportunity of three weeks to file reply to the Supplementary Affidavit. Having taken note of the fact that petitioner Mr. Uttam Ram, continues to be Kardar of the Devta Aadi Brahma, this Court deems it fit to order that till the conclusion of the inquiry by the SDM, Mr. Uttam Ram would continue to render his services as Kardar of the Devta Aadi Brahma, especially for performing Pooja of Devta and in that regard, no interference, if any, shall be caused by the SDM, his officials or the complainants, however, control of the assets and property of the Devta Aadi Brahma, which have already been ordered to be taken over by the SDM, shall remain with the SDM and proper account thereof shall be maintained till the conclusion of the inquiry and decision, if any, with regard to entitlement of the petitioner to perform duties of Kardar of the Devta concerned. Assets and liability of the Devta Aadi Brahma shall remain with SDM and would not be passed to another Committee, if any, constituted. Needless to say, no obstruction or harassment of any kind shall be caused by the SDM Kullu or any official including the police in as much as performance of Pooja by the petitioner in the capacity of Kardar is concerned and till further orders, he would also not be compelled to leave residence, if any, occupied by him in the temple premises. Construction work, if any, going on the spot shall also be looked into by the SDM only.” It is not in dispute that the Assistant Registrar, Co- operative Socities, Kullu has completed the inquiry and submitted his report to S.D.M, Kullu. The petitioner is stated to have filed his objections to the inquiry report. 6 ( 2025:HHC:31981) In view of the fact that inquiry report now stands submitted to the concerned S.D.M, Kullu for further appropriate action, this writ petition is disposed of with direction to S.D.M, Kullu to decide the case pending before him strictly in consonance with law within a period of three months. It shall be open to newly impleaded respondents No.4 and 5 to respond to the inquiry report. Till the decision of case, the status as ordered on 13.11.2024 shall continue to be maintained. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge 17th September, 2025 (yogesh)