CWP/15559/2025 on 15 October 2026

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:

“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-

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.

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 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 festival is celebrated on 13th 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.

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.

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.

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 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)