SURYANARAYANA SWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appointment of Appellant as peethadhyaksha of Sri Papagni Mutt, Kalavara Village, Chickballapur taluk, Kolar District by the Government under order dated 18-2-2000 is set aside by the learned Single Judge. The correctness of the same is questioned in this writ appeal.

(2.) THE order of the learned Single Judge cannot be interfered with, as the appointment of Appellant was not made under any custom or usage. Rightly the learned Single Judge applied the ratio of the decisions reported in AIR 1938 PC 216 and AIR 1980 SC 707.

(3.) ADMITTEDLY, the math in question was taken over by the government under Government Order dated 26-5-1952 and it is a muzrai institution. Section 28 of the Mysore Religious and Charitable Institutions act, 1927 (the Act' for short) is applicable to the management of the math and its properties. Under Section 6 of the Act, the Government can appoint dharmadarshis and Nazarins. Under Section 7, it can appoint a committee for the management of muzrai institutions. But, there is no provision to appoint Peethadhikari, In the instant case, the Government has appointed the appellant under Rule 1, Chapter VIII of Karnataka Muzrai Manual, which is not permissible. The said rule do not empower the Government to appoint Peethadhipathi to a muzrai institution. Therefore, the learned single Judge has rightly set aside the appointment and we are in full agreement with the same.