SECRETARY HOME ENDOWMENTS DEPARTMENT GOVERNMENT OF ANDHRA PRADESH Vs. DIGYADARSAN RAJENDRA RAM DASJEE VARU

JUDGEMENT

(1.) This appeal, by certificate, is directed against the order of the Andhra Pradesh High Court, allowing a writ petition, filed by the respondent, under Article 226 of the Constitution.

(2.) The facts leading up to the filing of the Writ Petition, by the respondent, may be briefly indicated. In respect of Sri Swami Hathiramji Math, Tirumalai, Tirupati, disputes arose regarding the succession to the office of the Mahant of the Math, after the death, in 1947 of the then Mahant, Prayag Dossji. An agreement seems to have been arrived at, on October 29, 1947, laying down the procedure for choosing a successor to the office of the Mahant, when a vacancy arises. The Akada Panchayat appears to have been constituted the Supreme authority, in such matters. That agreement also provided, as to who, among the respondent, and one Chetam Doss, was to succeed to the office of the Mahant, on the death of one Narayan Doss. Narayan Doss died on December 9, 1958, and Chetam Doss succeeded as Mahant. The respondent filed O. S. 84 of 1958, in the Subordinate Judge's Court, Chittoor, for a declaration that he' is entitled to succeed to the office of Mahant. The suit was resisted by Chetam Doss, on the basis that under the agreement of October 29, 1947, he was legitimately entitled to succeed as Mahant. . Sometime later, the respondent and Chetam Doss, entered into a compromise, by virtue of an agreement, dated July 15, 1961. Both of them agreed that Chetam Doss was entitled to continue as Mahant, and that after his death, the respondent was to succeed as Mahant. In view of this agreement, the respondent got dismissed, as settled, O. S. 84 of 1958.

(3.) Chetam Doss died, on March 18, 1962, and the respondent claims to have succeeded as Mahant, in his own right. But according to the appellant, the Commissioner, H. R. and C. E., Andhra Pradesh, received telegram stating that there was a dispute about the person who was to succeed as Mahant. The Assistant Commissioner, H. R. and C. E., took action, under Section 53 of the Madras Hindu Religious and Charitable Endowments Act, 1951 (Act 19 of 1951) , (hereinafter called the Act) , which is applicable to the State of Andhra Pradesh, and assumed charge, on March 24, 1962, of the Math and its properties. The respondent filed, on March 26, 1962, O. S. 24 of 1962, for a declaration that he is the rightful successor to the office of the Mahant of the Institution, in question. The Commissioner, H. R. and C. E., was made a party to the suit. The respondent also filed a revision, before the Government, on April 18, 1962, challenging the assuming charge of the Math, under Section 53 of the Act, by the Assistant Commissioner. The Government stayed further proceedings; and, in consequence, O. S. 24 of 1962, was withdrawn, by the respondent on April 24, 1962. The Government also passed an order, on June 5, 1962, stating; that it was necessary to take action, for making suitable arrangements for the proper administration of the Math and its endowments, till the civil court decided as to who should succeed to the office of the Mahant. In this connection, the State Government referred to an objection, received, from one Devendra Doss, stating that he is the proper person entitled to succeed to the office of the Mahant. Ultimately, by the said order, the Government appointed the respondent, as an interim Mahant, subject to the various conditions, laid down therein. Devendra Doss filed writ petition No. 602 of 1962, on June 21, 1962 in the High Court, challenging this order of the State Government, dated June 5, 1962. That writ petition was dismissed on August 27, 1962. In the meanwhile, Devendra Doss, who was a minor had instituted two suits, O. S. Nos. 50 of 1962 and 57 of 1962, to declare him as the person entitled to succeed to the office of the Mahant, on the death of Chetam Doss. In the first suit he was represented, by one Mukund Doss, as next friend, and in the second suit he was represented by one Bhagwant Doss, as the next friend. When Devandra Doss attained majority, later on, he preferred to continue O. S. 50 of 1962, and therefore O. S. 57 of 1962 was dismissed, as unnecessary.