PUJARI RAMANJANEYULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The case of the petitioners is that they and their forefathers have been Archakas of two temples, known as Sri. Vasantha Madhava Swamy Temple and Sri. Vasantha Anjaneya Swamy Temple, situated at Puslur Village, Nandyal Mandal, Kurnool District. It is their case that the petitioners and their forefathers had been rendering Archakatvam service in these two temples and had been granted certain Inam lands for their livelihood. It is further submitted that these lands, shown to be in the names of the temples, were being held by the hereditary Archakas only.

(2.) It is the case of the petitioners that the 4 respondent had issued a public auction notice dtd. 24/3/2018 behind their back for the auction of the temples' Inam lands, admeasuring Ac.55.61 cents in Sy. Nos. 89, 172, 214, 270, 269/3F of Puslur Village, Nandyal Mandal, even though the lands were held by the petitioners and their forefathers as an Inam lands, given to them for performing Archaka service in the aforesaid temples. They would rely on the judgment of the Hon'ble Supreme Court in A.S. Narayana Deekshitulu v. State of A.P. (1996) 9 SCC 548 , AIR 1996 SC 1765, and A.S. Narayana Deekshitulu v. State of A.P. (1997) 5 SCC 376 , AIR 1997 SC 3702 wherein the Hon'ble Supreme Court had directed that the temples with an annual income of less than Rs.5,00,000.00 should be allowed to be managed as before and the earlier system of granting the land for the purpose of services in the temples should be continued.

(3.) The prayer sought in the writ petition is for a declaration that leasing out of the agricultural lands of the temples, by the 3 and 4 respondents, is in violation of the provisions of Ss. 29 and 144 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') and in violation of the directions of the Hon'ble Supreme Court in A.S. Narayana Deekshitulu ( (1997) 5 SCC 376 , AIR 1997 SC 3702 supra) and for a consequential direction to the respondents to handover the subject agricultural lands along with the lease amounts obtained from these lands to the petitioners.