ITIKALA NAGESWARAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These writ petitions are filed by the members of the two branches of the families of Archakas of the 5 respondent-temple. These writ petitions essentially raise the same issues of law and fact and are being disposed of by this common order.

(2.) Sri. Siddeswara Swamy Devasthanam, Dornipadu Village and Mandal, Kurnool District, the 5 respondent herein, is the owner of various extents of land, including Ac.66.85 cents of land, which was in the possession and enjoyment of the hereditary Archakas of the 5 respondent-temple. In the year 1970, there were certain disputes between the Archaka families and the Endowment Department with regard to the apportionment of the lands. This dispute was resolved by way of a compromise, which was recorded in the proceedings of the Joint Commissioner, Endowment Department in R. Dis. No. 19775/70-07, dated 7/4/1971 wherein the share of the Archakas was fixed at Ac.40.78 cents and the share of the temple was fixed at Ac.26.14 cents. On the basis of these proceedings the Commissioner, Endowment Department issued proceedings in Rc. No. A3/2089/70/4, dated 4/7/1973. In these proceedings, the land belonging to the share of Archakas was split into two parts i.e., the branch of Sivapujari Tikkaiah being allotted Ac.19.05 1/2 cents and the branch of Sivapujari Veerabhadraiah being allotted Ac.17.25 1/2 cents. These lands were allotted to the two branches of Archaka families as remuneration for performing Archakatvam in the 5 respondent-temple.

(3.) In the year 2016, one of the members of this family approached this Court by way of being aggrieved by the conduct of public auction by the Executive Officer of the 5 respondent-temple, of the leasehold rights of an extent of Ac.15.10 cents, which was under the possession of that branch of the family. The contention of the petitioner therein was that the hereditary Archakas, even after the enactment of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') were entitled to continue in possession of the lands allotted to them and to obtain sustenance and livelihood from the said lands as remuneration for Archakatvam services offered in the 5 respondent-temple. The erstwhile High Court at Hyderabad for the State of Telangana and the State of Andhra Pradesh, by an interlocutory order dated 20/6/2016, had granted interim stay of auction of the leasehold rights of the said land.