( 2026:HHC:16375 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.6789 of 2026 Decided on: 13.05.2026 _________________________________________________________________ Uttam Ram ....Petitioner Versus State of H.P. & Ors …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Ankush Dass Sood, Sr. Advocate with Mr. Ankit Dhiman, Advocate. For the respondents: Ms. Menka Raj Chauhan, Deputy, Additional Advocate, for respondents No. 1 to 5. Mr. Deven Khanna, Advocate, for respondent No.6. Nemo for respondents No. 7 to 10. Jyotsna Rewal Dua, Judge Notice. Ms. Menka Raj Chauhan, learned Deputy Advocate General and Mr. Deven Khanna, learned Counsel, appear and waive service of notice on behalf of the respective 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes ( 2026:HHC:16375 ) - 2 - respondents. 2. In view of grievance of the petitioner raised in this writ petition, pleadings and the order being passed hereinafter, there is no necessity to issue notice to respondents No. 7 to 10. Reply to the writ petition is also not required to be called from the appearing respondents. With consent of learned counsel for the parties, matter has accordingly been heard at this stage. 3. Heard learned counsel for the parties and considered the case file. The dispute pertains to office of Kardar of Devta Adi Brahma, Khokhan, Tehsil Bhuntar, District Kullu. Petitioner, Uttam Ram, claims entitlement through hereditary succession being grandson of earlier Kardar Manglu through his predeceased father Janglu. Respondent No.6 Kanta Devi, is widow of late Ramu S/o Manglu who functioned as Kardar w.e.f. 25.05.1973 till his death on 27.01.2009. 3(i) On 07.09.2009, the District Collector Kullu, appointed petitioner Uttam Ram as Kardar. Petitioner’s such appointment was assailed by respondent No.6 before the Divisional Commissioner, Mandi. The Divisional ( 2026:HHC:16375 ) - 3 - Commissioner Mandi accepted the appeal and the matter was remanded to the District Collector for fresh decision. The District Collector, Kullu on 18.01.2012 appointed respondent No.6 as Kardar. Petitioner’s appeal against this order was allowed by the Divisional Commissioner, Mandi, on 28.03.2014. Divisional, Commissioner’s order dated 28.03.2014 in petitioner’s favour was affirmed by the Financial Commissioner, H.P. on 16.12.2014. 3(ii) Respondent No.6 challenged the aforesaid orders in petitioner’s favour by instituting CWP No. 3079 of 2015. The writ petition was dismissed on 09.05.2016. The Letters Patent Appeal (LPA) No. 147 of 2016 preferred by respondent No.6 was allowed on 28.10.2024 by setting aside the decision rendered in CWP No. 3079 of 2015 as also the orders dated 28.03.2014 passed by the Divisional Commissioner, Mandi and 16.12.2014 by the Financial Commissioner, H.P. The matter was remanded to the Divisional Commissioner, Mandi for fresh decision of petitioner’s appeal against order dated 18.01.2012, whereby respondent No.6 was appointed as Kardar by the District Collector, Kullu. 3(iii) The Divisional Commissioner, Mandi, dismissed ( 2026:HHC:16375 ) - 4 - petitioner’s appeal on 16.12.2025. Petitioner has preferred Revision Petition No. 02 of 2026 before the Financial Commissioner, H.P. On 07.01.2026, the Financial Commissioner, H.P. stayed the operation of order dated 16.12.2025 passed by the Divisional Commissioner, Mandi till the next date of hearing. During hearing of the case, it was apprised by learned counsel for the parties that respondent No.6 had moved an application for vacation and modification of interim order dated 07.01.2026. The said application is still pending for adjudication. 3(iv) During pendency of the above referred proceedings, official respondents carried out another independent stream of proceeding concerning financial administration and management of the affairs of Devta Shri Adi Brahma. Pursuant to certain complaints regarding financial irregularities and mismanagement, the Sub Divisional Magistrate (SDM) Kullu vide order dated 12.09.2024, directed holding of an inquiry regarding alleged financial irregularities, improper maintenance of accounts, mishandling of cash transactions, mismanagement etc. into the temple affairs. ( 2026:HHC:16375 ) - 5 - 3(v) Devta Shri Adi Brahma through petitioner as its Kardar instituted CWP No. 10966 of 2024 against order dated 12.09.2024. Vide order dated 13.11.2024 passed in CWP No.10966 of 2024, petitioner was ordered to continue to render his services as Kardar of Devta Shri Adi Brahma specially for performing Puja of Devta. Further orders were passed that no interference shall be caused by the SDM Kullu, his officials or the complainants in petitioner’s performing his services as Kardar specially for performing Devta Puja with the rider that control of assets and property of Devta Shri Adi Brahma, which had already been ordered to be taken over by the SDM would remain with the SDM and proper account thereof shall be maintained till the conclusion of the inquiry. The order goes as under: - “Though reply to the main petition stands filed at the behest of respondent No.2 but reply to the supplementary affidavit, 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 ( 2026:HHC:16375 ) - 6 - 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….” During pendency of CWP No. 10966 of 2024, the Assistant Registrar Cooperative Societies, Kullu, who had been directed to complete the inquiry, completed such inquiry and furnished his report to SDM Kullu. Taking note of the intervening developments, the writ petition was disposed of on 17.09.2025 with following operative directions:- ( 2026:HHC:16375 ) - 7 - “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.” On 16.10.2025, the SDM, Kullu taking note of frequent disputes and conflicts among ‘Haryans’ and with a view to ensure proper preservation, transparency and accountability in the management of the assets and expenditures related to Devta Shri Adi Brahma constituted five Committees for running the affairs of the temple delineating therein the mandates of the Committees. Keeping in view order passed on 24.11.2025 in COPC No. 1128 of 2025, the SDM, Kullu re-constituted the Finance and Assets Management Committee under order dated 18.12.2025 for running the affairs of the temple assigning fresh mandate to the Committee. On 13.02.2026, SDM Kullu furnished his report, that went against the petitioner. The inquiry concluded that ( 2026:HHC:16375 ) - 8 - management of Devta Shri Adi Brahma though its Kardar Uttam Ram-petitioner had been highly erratic and highlighted financial mismanagement of highest order. 3(vi) In the interregnum, the Financial Commissioner, H.P. on 06.04.2026, passed an order in Revision No.02/2026, noticing that the SDM, Kullu had submitted his inquiry report to the District Collector Kullu, but such proceedings had not yet attained finality and the effect of these proceedings was required to be considered. Action taken on report of SDM Kullu was solicited from Deputy Commissioner, Kullu. 3(vii) Meanwhile, taking note of the inquiry proceedings, the District Collector Kullu on 21.04.2026 ordered removal of petitioner from Kardari, Devta Shri Adi Brahma ‘with immediate effect in larger public interest.’ Further directions were issued by the District Collector, Kullu for deploying any other suitable candidate as Kardar of Devta Shri Adi Brahma for the time being. The arrangement was to be made in consultation with the concerned ‘Haryans’/ followers from hereditary lineage, in accordance with local customs and Wajib-ul-Arz. Such arrangement was to be ( 2026:HHC:16375 ) - 9 - temporary and was to remain in force till the decision was rendered in the matter by the Financial Commissioner, H.P. It is this order passed by the District Collector Kullu on 21.04.2026 that has been assailed in this writ petition. 4. The above trajectory of the litigation makes it apparent that dispute relating to the office of Kardar of Devta Shri Adi Brahma is already pending adjudication before the Financial Commissioner, H.P. Petitioner has, as on date, an interim order in his favour passed by the Financial Commissioner, H.P. on 07.01.2026 in Revision Petition No. 02/2026 pertaining to the litigation in relation of petitioner’s claim of such appointment under ‘Wajib-ul-Arz’ governing the area. Respondent No.6’s application for modification and vacation of the aforesaid order is said to be pending consideration before the Financial Commissioner, H.P. During the pendency of above referred Revision Petition, in the interregnum, the District Collector, Kullu on 21.04.2026, ordered removal of the petitioner as Kardar on account of financial irregularities reported by the SDM Kullu. Besides removing the petitioner as Kardar, the District Collector, ( 2026:HHC:16375 ) - 10 - Kullu has ordered for making temporary arrangement for deploying any other suitable candidate as Kardar of Devta Shri Adi Brahma till the decision by the Financial Commissioner, H.P.. In the given facts and circumstances of the case, in my considered view, it will be appropriate to direct the petitioner to assail the order passed by the District Collector, Kullu on 21.04.2026 before the Financial Commissioner, H.P. who is otherwise seized of the entire controversy. For protecting the interests of all the concerned parties, it would also be in order to keep the directions issued by the District Collector Kullu in the order dated 21.04.2026 with respect to temporary deployment of any other suitable candidate as Kardar of Devta Shri Adi Brahma in abeyance for a period of fifteen days from today. During this period, the arrangement as made by the SDM Kullu under his office order dated 18.12.2025 for management of affairs of the temple under different committees, should continue. Ordered accordingly. Looking to the interim order passed by the Financial Commissioner, H.P on 07.01.2026 in Revision Petition No. 2 of 2026 as also order dated 17.09.2025 passed in CWP No. ( 2026:HHC:16375 ) - 11 - 10966 of 2024, petitioner be permitted to perform Puja of Devta Shri Adi Brahma during the aforesaid period. Petitioner shall be at liberty to move in accordance law before the Financial Commissioner, H.P. against the order dated 21.04.2026 passed by the District Collector Kullu. Appropriate call on the order dated 21.04.2026 passed by the District Collector Kullu shall be taken by the Financial Commissioner, H.P. within four weeks from the date the petitioner moves the said Court. The continuance, if any, of arrangement made for a period of fifteen days in this order shall abide by the orders to be passed by the Financial Commissioner, H.P.. It is, however, clarified that in case petitioner does not take appropriate recourse within fifteen days from today, limited protection made available to him under this order, shall cease to be in force on the expiry of the period. Needless to clarify that this order shall have no bearing upon adjudication of the Revision Petition No. 2 of 2026/application filed by respondent No.6 for vacation/ modification on the interim order passed therein. ( 2026:HHC:16375 ) - 12 - The writ petition to stand disposed of in the above terms, so also pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge May 13, 2026 R.Atal