RITTI VAIDRAJ ACHAR Vs. COMMISSIONER FOR HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS GOVERNMENT OF KARNATAKA BANGALORE

JUDGEMENT

(1.) THIS petition is filed by way of public interest litigation. Petitioners claim that they are the devotees of Sri Raghavendra Swamy Mutt of mantralaya. In this writ petition, petitioners have requested this Court to restrain respondent 1 from recognizing respondent 3 as the successor of respondent 2 and also to restrain respondent 1 from entertaining any petitions or applications or proceedings from any one seeking recognition of respondent 3 as successor of respondent 2 and also to restrain respondents 2 and 3 from holding out, announcing or acting in any manner to the effect that respondent 3 is the successor of respondent 2 and to issue such other directions which may be necessary in the interest of justice.

(2.) SRI Raghavendra Swamy Mutt is situated in Mantralaya at Kurnool District of Andhra Pradesh. The Mutt has got large number of devotees not only in Andhra Pradesh but also in various States and more number of devotees are there in the States of Karnataka and tamil Nadu. About 350 years ago, a Pontiff by name Sri Raghavendra swamy who is said to be a reincarnation of Sri Bhakta Prahlada had entered into Jeeva Samadhi where a Brindavan has been constructed. Sri Raghavendra Swamy has attracted large number of devotees and the devotees still believe that he is still alive in Samadhi and he is considered as Kamadhenu of Kaliyuga. The belief of the devotees of Sri raghavendra Swamy is that Lord will wipe off and cure all sufferings of the devotees and grant prayers. It is also gazetted during the British regime the Britishers made an attempt to resume the lands of Sri raghavendra Swamy Mutt. One Sir Thomas Munroe was sent by the britishers to take possession of the lands of the Mutt. When Sir Thomas munroe went to Mantralaya to resume lands of the Mutt, the story is that Sri Raghavendra Swamy came out of the Brindavan and spoke to sir Thomas Munroe and he was blessed by Lord Raghavendra. Ultimately, the British Government dropped the idea of resuming the lands of the Mutt and this story has been gazetted by the British Government.

(3.) ACCORDING to the petitioners, successor of respondent 2 has to be appointed or nominated in accordance with the traditions of the Mutt and the successor should be a Goutama Gotra in the paternal lineage of sri Raghavendra Swamy and that he should be a devotee of Sri raghavendra Swamy and he should also be a scholar in vedas and shastras. It is contended by the petitioners' Counsel that respondent 2 contrary to the customs of the Mutt has appointed or nominated respondent 3 as successors on 4-4-2002 at LTdupi and that respondent 3 is not eligible to become a successor of respondent 2. According to them, appointment of respondent 3 is questioned before the Commission of Endowments at Hyderabad and they apprehend that respondents 2 and 3 may make an application before respondent 1 for recognizing respondent 3 as the successor of respondent 2. So, in the circumstances, they have presented this writ petition by way of public interest litigation.