KHANDAVALLI RAMACHANDRACHARYULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) Brief facts of the case are that the 1st petitioner discharging the duties or Archaka in Sri Venkateswara Swamy temple, Kothapeta and Lord Venugopala Swamy Temple, Eatakota, East Godavari District (for short "subject temples") on rotation basis. The petitioners 3 and 4 are also discharging duties in the temples on rotation basis along with the respondents 5 to 7. Sri Venkateswara Swamy Temple, Kothapeta is classified as 6C temple. While things stood thus, the respondents 5 to 7 filed suit in O.S.No.88 of 1992 on the file of District Munsif Court, Kothapeta against the 1st petitioner and others for declaration that they are the only surviving hereditary archakas of subject temples. The 1st petitioner filed written statement and contested the suit. The Endowments Department represented by the Manager of the 4th respondent filed written statement. The suit O.S.No.88 of 1992 was dismissed for default on 18/10/2000. Later the respondents 5 to 7 filed I.A.No.2230 of 2000 under Order 9 Rule 9 under Sec. 151 C.P.C. By filing a memo the application was not pressed and hence by order dtd. 26/3/2008, the learned Principal Junior Civil Judge, dismissed I.A.No.2230 of 2000 as not pressed. Thus, the suit filed by the respondents 5 to 7 was dismissed. As on today, the 1st petitioner rendering archakatvam service in Sri Lord Venugopala Swamy Temple, Eatakota. The 5th respondent is rendering archakatvam service in Sri Venkateswara Swamy Temple, Kothapeta and has to handover the Archakatvam service to the petitioners 3 and 4 in August, 2015 as per rotation. On an earlier occasion, the 1st petitioner filed W.P.No.19062 of 2007 impugning Memo No.1/2017, dtd. 3/9/2007 issued by the 2nd respondent as illegal. This Court vide order dtd. 19/12/2007 allowed the writ petition directing the 3rd respondent therein to dispose of the matter within three months and directed the parties to maintain status-quo. Accordingly, the 3rd respondent conducted enquiry on 20/5/2008 and directed the parties to approach the competent Court for settlement of issue in the matter of legal heirs. Thereafter, the then 3rd respondent issued notice vide Rc.No.A1/10036/ 2014, dtd. 6/5/2015 and directed the petitioners 1 and 2 along with respondents 5 to 7 to attend enquiry on 14/5/2015 at 11:00 A.M. The petitioners have filed their explanations. The 3rd respondent without considering any of the documents including the judgment dtd. 10/4/1997 passed in O.S.No.280 of 1989 on the file of District Munsif at Kothapeta, passed the impugned proceedings vide Rc.No.A1/10036/2014, dtd. 15/6/2015, stating that the respondents 5 to 7 alone are entitled to render archakatvam as per Act 30/87 and also Archakatvam Service Rules and further directed the 4th respondent to implement the orders and report compliance. Pursuant to the same, the 4th respondent issued letter dtd. 30/6/2015 declaring that the petitioners 1 and 2 are not entitled to render archakatvam service in the Lord Venkateswara Swamy temple, Kothapeta. Aggrieved by the proceedings dtd. 15/6/2015 of the 3rd respondent, the present writ petition has been filed.

(3.) This Court, vide order, dtd. 10/7/2015 has granted interim suspension of the proceedings vide Rc.No.A1/10036/2014, dtd. 15/6/2015 of the 3rd respondent in WPMP.No.27402 of 2015.