POOJAR GURURAJCHAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioners are Archakas in sri Raghavendra Swamy Moola brundavanam of Sri Raghavendra Swamy mutt, Mantralayam (hereinafter referred to as 'the Mutt' ). They filed the writ petition questioning the notice dated 22. 11. 2008, issued by respondent No. 4-Mutt as being arbitrary, illegal, irrational, unjust and vioiative of Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the provisions of Section 34 (3) of the A. P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as 'the Endowments Act') and contrary to the well established customary rights.

(2.) THE learned counsel for the petitioners submitted that the petitioners are hereditary archakas in the Mutt. According to him, the hereditary rights of Archakas, which stood abolished by virtue of Section 34 (1) of the endowments Act, are not (sic. are) sought to be restored by adding sub-section (3) to section 34 of the Endowments Act by Act 33 of 2007, which came into force w. e. f. 03. 01. 2008. He submitted that by virtue of the newly added sub-section (3) to Section 34 of the Enc owments Act, the petitioners who were doing archakatvam service at the time of repeal of 1966 Endowments Act, are entitled to continue to have the same rights of archakatvam. Hence, he submitted that the impugned notice, issued by respondent no. 4-Mutt, which calls upon all the Archakas to submit their Bio-Datas, for the purposes of selecting suitable and qualified candidates for appointment as Archakas, runs contrary to the provisions of Section 34 (3) of the endowments Act, for it seeks to disturb the petitioners as Archakas. Hence, he prayed that the impugned notice issued by respondent No. 4-Mutt, be set aside and the writ petition be allowed.

(3.) THE learned Advocate General appearing on behalf of the respondents submitted that hereditary rights of Archakas and other office holders which were abolished by Section 34 (1) of the Endowments act, was upheld by the apex Court in a. S. Narayana Deekshitulu v. State of A. P. Consequent to abolition of hereditary rights of Archakas, most of the families of archakas faced financial problems, and considering this plight of the families of archakas engaged in archakatvam, the apex court in I. A. No. 7 in W. P. (C) No. 638 of 1987 and in I. A. No. 3 in Transfer Case no. 170 of 1987, gave certain directions stressing the need to preserve the customs and usage with a view to protect the sanctity of religious rituals. With a view to give effect to this order, the Government after consulting all the political parties, amended the endowments Act by Act 33 of 2007 by inserting among others sub-section (3) in section 34, sub-section (4) in Section 35 and Section 65-A in the Endowments Act, which came into force w. e. f. 03. 01. 2008.