G C PRABHUSWAMY Vs. SPECIAL DEPUTY COMMISSIONER TUMKUR

JUDGEMENT

(1.) The challenge in this writ petition is against an order issued by the 3rd Respondent-Commissioner for Religious and Charitable Endowments, dated 4-10-1982 creating the post of an Additional Archak for performance of pooja and other functions in what is known as Sri Channabasaveswara Swamy Temple at Gubbi. An appeal preferred against the said order before the Karnataka Administrative Tribunal at Bangalore having failed, the petitioner has come up with the present writ petition assailing the order of Commissioner as also that passed by the Tribunal.

(2.) The challenge arises in the background of the following facts :Sri. Channabasaveswara Swamy Temple' at Gubbi is a Muzarai Institution, and comprises two temples one within the town at Gubbi and the other outside the town limits. The main temple called Gaddige is said to be located outside the town, while the smaller temple called Utsavmurthy is located inside the town. With the increase in the number of devotees visiting the two temples, it was found difficult for a single Archak to perform poojas in both the temples. Representations are said to have been received by Special Deputy Commissioner from devotees asking for an Additional Archak for the temples to prevent inconvenience to the devotees visiting the same. The matter appears to have been referred to the Assistant Commissioner for a preliminary enquiry, on receipt of a report from whom, the Special Deputy Commissioner convened the meeting of the Dharamadarshies (Trustees of the temple) on 26th May, 1981. The Dharmadarshies including the petitioner herein who claims to be the heriditary Archark of the temple unanimously passed a resolution recommending creation of an additional Archak's post to tide over the difficulties being faced in handling pooja of the temple by a single Archak. These recommendations were eventually submitted to the Commissioner for Religious and Charitable Endowments Respondent No. 3 herein, who by his order dated 15-9-1982 Annexure-E to the writ petition accord sanction for the creation of the post of an additional Archak on a salary of Rs. 110/- per month and asked the Special Depty Commissioner to appoint a suitable and qualified person to the said post. Consequently, the 2nd respondent was appointed as additional Archak for the temples.

(3.) Aggrieved, the petitioner preferred an appeal before the Endowments Commissioner. A revision was also preferred by him against the appointment of the second respondent, before the Karnataka Appellate Tribunal which, succeeded and was allowed by its order dated 30-1-1985. The matter was remitted back to the Commissioner for Religious and Charitable Endowments, Bangalore to provide a fuller opportunity to the petitioner before dispending of the same in accordance with law. Upon remand the Commissioner by the composite order dated 17-3-1986 up held the creation of the post as also the appointment of the second respondent against the same. The petitioner then appealed to the Tribunal, which was dismissed by its order dated 13-1-1991. He has now come up with the present writ petition assailing the orders aforesaid as already indicated earlier.