SANAKARASETTY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Sri Visweswara Swamy vari temple and Sri Kanaka Durga Temple at B.Kondepadu Village, Pentapadu Mandal, West Godavari District are served by a family of hereditary Archakas.

(2.) In view of the family having two branches, the Commissioner of Endowments, Andhra Pradesh had passed an order dtd. 4/3/1957, based on the compromise offered by the members of this family in Miscellaneous Application No.511 of 1956. Under this order, the family of the Archakas was put in possession of extent of Ac.5.60 cents as remuneration for the services being rendered by the family of Archakas and for Padhitharam expenditure. Subsequently, an order was passed on 14/3/1957, wherein it was agreed that Archakas should be given possession of Ac.3.46 cents as per "B" schedule. In this manner, the family of Archakas were given possession of Ac.3.46 cents in R.S.No.165, Ac.4.02 cents in R.S.No.184/1, Ac.1.20 cents in R.S.No.164/2 and Ac.0.38 cents in R.S.No.165/3A of B.Kondepadu Village, Pentapadu Mandal, West Godavari District. This land was given in lieu of the remuneration payable to the Archakas, performing Archakatvam in the two temples. Apart from this, the understanding between the members of the family, which was formalized by the above orders was that the Archakatvam would alternate between the two branches of the family on an annual basis. The branch of late Sri Satyanarayana Murthy presently consists of one member namely the 2nd petitioner and the branch of late Sri Veera Venkaiah consists of two members namely the 1st petitioner and the 7th respondent. This would mean that the Archakatvam would alternate in the following manner:-

(3.) This system of performing Archakatvam alternatively between the two branches, and enjoying the usufructs of the lands given to the family of Archakas, was continued till the demise of Sri late Dakshina Murthy Sarma in the year 2015. At the time, when late Sri Dakshina Murthy Sarma passed away, the 1st petitioner was already working as an Archaka in the 5th respondent temple, on a salary basis. The 1st petitioner claims that thereafter he sought to carry on archakatwam service in the place of his demised father. It is the case of the 1st petitioner that he had received a notice dtd. 4/8/2019, issued by the learned standing counsel for Endowments, Tadepalligudem requiring the 1st petitioner to hand over his half share of the land given to the Archaka family, within seven days to the temple, failing which, cases would be lodged against the 1st petitioner. Thereupon, the 1st petitioner gave a reply pointing out to the compromise orders under which the Archakatvam service is being rotated between the branches of the Archaka family and that the 1st petitioner as the son of late Sri Dakshina Murthy Sarma would be entitled to continue in service of the Deities in the two temples. The 1st petitioner also took the stand that the 2nd respondent had issued proceedings in Rc.No.A1/11025/49/2018, dtd. 25/2/2019 in which it was stated that the 1st petitioner had agreed to relinquish his Archakatvam rights in these two temples as he was already rendering Archakatvam service in the 5th respondent temple.