Andhra Pradesh High Court - Amravati
L.V.S. Badrinath Babu, vs The State Of A.P., on 29 July, 2022
HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.9998 of 2021
ORDER :
This petition is filed under Article 226 of the Constitution of India for the following relief:-
"...to issue a writ order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in rejecting to allot duties to perform the Alankarana decoration of Kanaka Durga Ammavaru at Sri Durga Malleswara Swamy Varla Devasthanam Indra Keeladri, Vijayawada, Krishna District by Proc Rc.NoA3/2332/2019, dated 15.03.2021 as highly arbitrary, illegal, unreasonable not following the Customary Practice of the rituals more particularly the entrustment of Alankaran and contrary to the provisions of the A P Charitable and Hindu Religious Institutions and Endowments Act, 1987 and accordingly set aside the 3rd respondent Proc.Rc. No.A3/2332/2019, dated 15.03.2021 consequentially direct the respondents 1 to 3 to allot duties to the petitioner to perform the Alankarana decoration of Kanaka Durga Ammavaru at Sri Durga Malleswara Swamy Varla Devasthanam Indra Keeladri, Vijayawada, Krishna District, and pass such other order or orders......."
2. The brief facts of the case are that the petitioner's family are performing as Pradhana Archaka in Sri Durga Malleswara Swamy Varla Devastanam, Indra Keeladri, Vijayawada for the last more than two centuries. The petitioner herein has fully qualified to function as Archaka and Pradhana Archaka as per the qualifications prescribed under the provisions of A.P. Act 30 of 1987 and rules made thereunder. He had the qualifications in i) Archaka Pravesa,
(ii) Vara and (iii) Pravara and he also holds a Yogyatha Patra given by this holiness Kanchi Kamakoti Peetadhipathi. 2
It is further stated that the petitioner was performing the duty of Alankarana to the Deity of Ammavaru on all occasions/festivals, such as Dasara Nava Raatrulu, during Ashada Masam, Alankarana of Deity Ammavaru as Shakambari, during Sravan masam as Varalakshmi, during Maga masam, Vijayeebava Saraswathi, Alankarana, apart from Nitya Alankarana and Gajula (Bangles) Alankarana, during Deepavali Jewelery Alankarana of Deity Ammavaru as Lakshmi Devi is being done by the petitioner. The petitioner is also looking after the Poorna Kumba Swagatham of VIPs and Archakaseva nitya Archana and also general temples supervision. The petitioner's entire life is dedicated to the temple and Ammavaru in performing poojas and other related sevas, specially the Alankarana of Ammavaru on all occasions.
It is further stated that when the 3rd respondent has orally informed the petitioner that the duties of decoration of Ammavaru (Alankarana Seva) is not being allotted to the petitioner, then he made representation dated 30.09.2019 to continue him in this duty. The petitioner on earlier occasion preferred WP No.11104 of 2019 before this Court seeking to consider and dispose of his representation dated 16.7.2019 and this Court vide order dated 09.08.2019 has disposed of directed the respondents to consider the representation of the petitioner and pass appropriate orders within two weeks from the date of receipt of a copy of the order. However, the respondents issued the impugned orders dated 15.03.2021. Questioning the same, the present writ petition is filed. 3
3. Counter affidavit is filed by the 3rd respondent denying all the allegations made in the petition and contended that the fact remains undisputed that the then Executive Officer by proceedings dated 6.2.2019 has allotted duties of Alankarana Seva to Ammavaru to the 4th respondent in the present W.P., in deference to the decision taken at the hands of administrative wing of Vedic Pandits and ever since Alankarana Seva has been entrusted to the 5th respondent, he continues to discharge the said duties to the extreme satisfaction of officials and Alankarana Seva done by 4th respondent has received acclamation by the devotees and the services of the 5th respondent has been continued in honour of the decision taken by Vedic Pandits. It is also stated that the petitioner has submitted the representation straightaway to the Government and the Commissioner arrayed as 1st and 2nd respondent in the said W.P., in the sense, no representation would be said to have remained pending consideration by the Respondent Devasthanam in terms of the said order. It is further stated that it is well settled law that no writ of mandamus can be issued in the absence of there being infringement of fundamental right or depriving of any legal right if any held by the person aggrieved and stated that viewed from any the present writ is devoid of merits and prayed to dismiss the same.
4. Additional counter affidavit is also field by the 3rd respondent while reiterating the contents made in the counter inter alia contended that consequent upon News item appeared 4 with a caption "Ammavariki Ardharathi Poojalaa" in Andhra Prabha daily on 27.12.2017, besides, Electronic Media widely did telecast the said news item and taken into account the possibility of hurting the sentiments of devotees of Goddess Durga throughout state, the respondent Devasthanam had appointed an enquiry officer by name K. Venkateswara Raju to probe into allegations as to whether Tantrika Poojas were performed in midnight as alleged in the news paper and the said enquiry was contemplated to unearth the facts and it shall stand construed as a fact finding enquiry and it was concluded that the said news item published in Print Media and Electronic Media re baseless and deserves no consideration. It is further stated that the respondent Devasthanam has appointed an enquiry officer by name S.Achyutha Ramaiah by proceedings dated 12.7.2018 on the explanation of the petitioner dated 5.7.2018 to conduct enquiry into the charges framed against him. But the said enquiry officer has not completed enquiry proceedings and on attainment of superannuation he retired from service on 31.12.2018. It is further stated that the respondent Devasthanam has again appointed an enquiry officer by name Sri B.V Reddy, Asst. Executive Officer vide Rc.No.A1-4485-2017 dated 24.12.2021 to conduct enquiry into the charges framed against the petitioner and enquiry report is pending consideration. Hence, prayed to dismiss the writ petition.
5. Reply affidavit is filed by the petitioner while reiterating the contents made in the petition, denied all the 5 allegations made in the counter and additional counter affidavits s filed by the respondents. It is stated that it was not submitted by the petitioner that the 4th respondent is not well acquainted with the Alankara Seva. It is stated that the petitioner is more experienced than him as he was discharging this Alankara Seva from 1998 since the impugned order says that the 4th respondent is expert, and hence the number of years will count the experience in Alankara Seva and not seniority in the appointment. However, it was admitted by the 4th respondent that since three years only he was performing Alankara Seva. It is further stated that the 4th respondent has become the spokesman of the devotees and the institution, and submits as if he was told by the devotees that there is chance of brining disrupt and hurting the sentiments of the devotees, if the petitioner is allowed Alankara Seva again, forgetting the fact that all these wild allegations of the 4th respondent are baseless.
6. Heard Mr. K. R. Srinivas, learned counsel appearing for the petitioner and learned Mr. K. Madhava Reddy, learned Standing Counsel appearing for the respondents.
7. On hearing, this Court observed that the petitioner is fully qualified to function as Archaka and Pradhana Archaka as per the qualifications prescribed under the provisions of A.P. Act 30 of 1987 and rules made there under. It is also noted that the petitioner was joined as Vamasa Prama Parya Pradhana Archaka on 01.01.1980 and continued upto 1996. It 6 is also to be noted that the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987came into force with effect from 28.05.1987. As per Section 34 of 30 of 1987, the hereditary rights of Archakas were abolished. The Hon'ble Supreme Court of India has upheld the provisions of Act 30 of 1987 and however directed that the Archakas who are continuing as on date of enactment shall continue to hold the office of Archaka. Therefore, as the petitioner was fully qualified and eligible as Archaka, he was continuing from the date of the enactment of the Act and also as on the date of judgment of the Hon'ble Supreme Court, the petitioner was allowed to continue as Archaka of the temple.
8. It is also an admitted fact that the petitioner has also completed 37 years of service as Archaka, Upa-Pradhana Archaka and as Pradhana Archaka. It is also elicited from the material available on record that the petitioner was performing the Alankarana to the Ammnavaru and he has also got a title as "Alankara Kala Samrat". Therefore, it seems that the petitioner was totally immerse himself into the service of deity ammavaru and being the Pradhana Archaka hailing from hereditary Pradhana Archaka family and hence, the petitioner is entitled for the claim as sought for.
9. Having regard to the facts and circumstances of the case and in view of the foregoing discussion, this Court deems fit to allow the writ petition while setting aside the impugned order dated 15.03.2021.
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10. Accordingly, the Writ Petition is allowed setting aside the proceedings in Rc.No.A3/2332/2019 dated 15.03.2021 issued by the 3rd respondent. Further, the respondents No.1 to 3 are directed to allot duties to the petitioner to perform the Alankarana (decoration) of Kanaka Durga Ammavaru at Sri Durga Malleswara Swamy Varla Devasthanam, Indra Keeladri, Vijayawada, Krishna District, from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel, interlocutory applications, if any pending, shall stand closed.
______________________________ DR. K. MANMADHA RAO, J.
Date : 29-07-2022 Gvl 8 HON'BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.9998 of 2021 Date : 29.07.2022 Gvl