GURU DATTATHREYA PEETA DEVASTHANA SAMVARDHANA SAMITHI S/O SRINIVASA BHAT, SRINIVASA Vs. COMMISSIONER FOR RELIGIOUS AND CHARITABLE ENDOWMENTS IN KARNATAKA, SRI SYED GHOUSE MOHINDDIN SHAH KHADRI S/O LATE SYED PEER MOHAMMED SHAH KHADRI, SAJJADA NAS

JUDGEMENT

(1.) THE petitioner in WP 38148/2000, claiming to be the Sajjada of Hazrath Dada Hayath Meer Khalendar Sree Guru Dattatreya Baba Buden Swamy's Dargha has filed this petition seeking for issuance of a writ of certiorari or any other relief to quash the order dated 29.11.2000 passed by the Deputy Commissioner, Chikmagalur District and the order of the Divisional Commissioner, Mysore dated 17.11.2000 and, to quash annexures N & O - the proceedings of the Government and to issue a writ of mandamus to direct respondents 2 and 3 from interfering with the peaceful management and administration of the said Dargha and Peetha and for such other orders.

(2.) ACCORDING to the petitioner, Guru Dattatreya Baba Budan Swamy's Dargha situate at Bababudangiri Hills at Chikmagalur District is an ancient important institution held in high esteem by Hindus and Mohammedans and is worshiped by large number of pilgrims all over India. According to him, it is presided by the Sajjaada or Matadhipathi and the said religious office of Sajjadanashin is a hereditary office. The history of the shrine was published in the year 1930 in V:5 of the Mysore Gazette. It is averred in the petition that the annual Urs of all the saints will be conducted along with the Urs of Dada Hayath Khalender Dattatreya Swamy. There are buildings like Langer Khana, Chilla Khana, Musafir Khana, Fakir Chowk and Office. There is a Mujawar appointed by the Sajjada to perform daily rites inside the cave and he is the one who enters the sanctum sanctorum of the institution and distributes Thirtha to devotees of both the communities and he also lights the Nandadeepa and puts flowers to the Paduka. The recognised Hindu Gurus of different mutts are also taken inside the cave gate to offer their respects to the paduka. The Mujawar takes Sambrani and performs religious rituals inside the main shrine between 7.00 and 8.00 pan. daily. According to this petitioner, Sajjada performs the Urs of Dada and all other saints as per the prevailing customs and offers Fateha and no other functions apart from the Urs is conducted from the said Dargah. It is a hereditary seat and the Sajjada appointed by management of Dada Hayath is conducting the daily rituals from tune immemorial and only Syeds can be the Swamis of the Mattas.

(3.) ACCORDING to the petitioner, on 29.11.2000 annexure F, he received a letter to the effect that he was nominated as a Member of the Executive Committee of Guru Dattatreya Swamy Bababudan Dargha and also the proceedings of the Government wherein he was recognised as a Shah Khadri and not as Sajjada and that he has to perform religious rituals and the management and administration is taken over by the Muzrai Department and that Urs and Datta Jayanthi will be performed by the Committee appointed by the Muzrai Department. The said order has been passed as per the provisions of Chapter VIII Rule 1 of the Mysore Muzrai Manual. The said Manual has no statutory powers under which annexure F was passed. The Manual is only an instruction by the then government of the Maharaja of Mysore in the form of administrative instructions. The Karnataka Religious and Charitable Institutions Act of 1927 came into force on 1.4.1927 whereas as per Rule 11 of the Mysore Muzrai Manual, the Rules were issued on 11th February 1852 by the then Commissioner for Management of the affairs of the Devasthanams and Chatrams. The Committee can be appointed under the Karnataka Religious and Charitable Institutions Act, 1927 ('Act' for short), there is an elaborate procedure under the Act for appointment of the Committee and to take over the management and the properties of the institution. The respondent authorities have failed to consider the provisions of the said Act. It is stated that Chapter XI of the Muzrai Manual applies to Mohammadan institutions and not Chapter VIII. Further, it is stated that the institution is not receiving any government grants since 1980 as such, the respondents have no control over the institution and the Government has acted totally without jurisdiction. Rather, the petitioner is managing the affairs of the institution according to the Rules of Succession and the petitioner had become the Sajjada by virtue of succession. By passing an order at annexure F, the Government is trying to circumvent the decree of the High Court in RFA 119/1980 which had recognised the line of Sajjada and the line of succession, it is also stated that when the Karnataka Board of Wakfs by notification dated 19.10.1964 proposed to take over the institution, a civil suit was filed against the Board of Wakf and also the Commissioner for Religious and Charitable Endowments and also against the then Sajjadanashin of the Peetha in OS 25/1978 before the Civil Judge, Chikmagalur and on 29.2.1980 the said suit was decreed. According to the petitioner, the status of the Sajjada had been confirmed in the said suit. Against the said order, the Wakf Board preferred an appeal in RFA 119/1980 which came to be dismissed while confirming the order of the Trial Court, against which, SLP was preferred before the Apex Court in No. 17046/1991 and the said SLP came to be dismissed confirming the order of the Trial Court. It is further stated, in pursuance of the same, the Commissioner for Religious and Charitable Endowments passed an order dated 25.2.1989. As such, the management and affairs of the institution has to be continued as it was prior to 1975. Accordingly, his position as Sajjada has to be continued in so far as rituals and management of the institution is concerned.