M RACHOTAIAH Vs. ASSISTANT COMMISSIONER ENDOWMENTS DEPARTMENT

JUDGEMENT

(1.) The petitioners herein are hereditary Archakas (priests) of Sri Rameswaraswamivari temple, Beluguppa, Anantapur District. They have filed this writ petition seeking a writ of mandamus or any other appropriate writ, order or direction directing the respondents herein i.e., the Assistant Commissioner, Endowments Department, Anantapur, the Commissioner, Endowments Department, Hyderabad and the Person-in-Charge, Sri Rameswaraswami temple, Beluguppa, notto interfere with the petitioners' possession and enjoyment of Acs.27-09 cents of land in Survey No.364 and Acs.61.40 cents in Survey No.504 of Beluguppa village, Beluguppa Mandal, Anantapur District.

(2.) It is the case of the petitioners that they and their predecessors have been rendering service as hereditary Archakas of the said temple from times immemorial. The temple has extensive landed properties and the Archakas were cultivating the said lands and performing the rituals in the temple meeting all the expenses. In the year 1976 there was a move from the authorities regarding the apportionment of the temple lands between Archakas and the temple and ultimately an award was passed by the Joint Commissioner of Endowments on 20-3-1978 in A.C.A.No.769 of 1996. As per the said award, the Archakas were given Acs.27.09 cents in Survey No.364 and Acs.61 -40 cents in Survey No.504 of Beluguppa village towards the share of the Archakas. Ever since the Archakas were in possession and enjoyment of the said lands allotted to them and performing the Poojas and meeting the Paditharam expenses as per the approved Dittam in force. They were also regularly paying the land revenue and the contribution proportionately to the land allotted to them. Likewise the petitioners have been performing their duties as Archakas without any complaint whatsoever and they have been scrupulously following the terms of the award.

(3.) Recently the third respondent was appointed as Person-in-Charge of the temple. All of a sudden, without any prior intimation or notice to the petitioners, a tom-tom was made in the village four days prior to the date of filing of the writ petition announcing that the temple lands wil 1 be leased out by public auction by evicting the petitioners therefrom. The said action of the respondents is assailed on the grounds that it isarbitrary, illegal and violative of the petitioners' rights under the award dated 20-3-1978 and that it is also contrary to the principles of natural justice. It is further claimed that if the petitioners were to be dispossessed from the said lands in their possession and enjoyment, they will be deprived of their 1iveli hood in violation of their constitutional right under Article 21 of the Constitution.