JAMPALA YADAIAH Vs. COMMISSIONER ENDOWMENTS

JUDGEMENT

(1.) Heard both the counsel. The subject temple is Sri Mallikarjuna Swamy Temple, Komaravalli village, Cheryal mandal, Warangal District and based on the income, it is published under Section 6(a)(ii) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (A.P. Act No. 30 of 1987), and is being managed by the Executive Officer in the cadre of Deputy Commissioner under the administrative control of Commissioner of Endowments. In the said temple, there is a custom and usage with regard to offering of human hair by the devotees to the deity and the temple collects fee from the devotees towards tonsuring. Out of the said fee, 1/3rd of the amount will be given to service holders i.e., barbers, and 2/3rd will go to the temple. Nine persons belonging to Jampala family were stated to be recognized for tonsuring as per the records of the temple and they are offering services. During the periods of heavy rush, not only the said nine persons, other 23 persons were being engaged by Jampala family in the work of tonsuring and out of the said 1/3rd amount, which is paid to nine members of Jampala family, the same is being distributed by the said family to other members. The members, who are engaged by Jampala family for tonsuring work, filed O.A. No. 17/1996 on the file of Deputy Commissioner, Endowments, Department, Hyderabad under Section 87(1) of the Act 30 of 1987 for declaration that the emoluments earmarked to the service holders should be distributed directly by the temple to all the members, who are actually rendering the services. Counters have been filed and eventually, the Deputy Commissioner by order No. 9 dated 20.12.2000 passed the following order:

(2.) The above order of the Deputy Commissioner of Endowments Department, Hyderabad A.P. are carried to the Commissioner for confirmation under sub section (3) of Section 87 of Act 30 of 1987. By proceedings in D. Dis. Rc. No. G2/31658/02 dated 25-5-2005, the Commissioner in exercise of power under sub section (5) of Section 87, rejected the order of the Deputy Commissioner dated 20-12-2000 and observed that the said order does not preclude the Executive Officer from utilizing the services of the Jampala family members for tonsure work and to pay amounts as per the remuneration fixed on each tonsure ticket for such service.

(3.) Challenging the order of the Commissioner of Endowments dated 25-5-2005, the respondents 16, 17 and 18 in O.A. No. 17/1996, filed appeal under Section 88 of Act 30 of 1987, on the file of Principal District Judge, Warangal, in A.S. No. 81/2008. The court passed the following impugned docket order dated 15.7.2011: