Karnataka High Court
Shri Uttaradi Mutt vs The State Of Karnataka on 5 July, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 103982 OF 2023 (GM-RES)
C/W
WRIT PETITION NO. 103994 OF 2023
IN WP.NO.103982/2023
BETWEEN:
SHRI UTTARADI MUTT,
REPRESENTED BY ITS HOLY PONTIFF,
SHRI SHRI 1008 SHRI SATYATMA TIRTHA SWAMIJI,
THROUGH HIS GPA HOLDER,
R/O. SHRI UTTARADI MUTT, BASAVANAGUDI,
BENGALURU-560021,
REPRESENTED BY GPA,
ROHAN VEEDYDHEESHACHAR R.GUTTAL,
HADIMANI
T AGE: 47 YEARS.
High Court
of
...PETITIONER
Karnataka,
Dharwad
(BY SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL, AND SRI
AMEET KUMAR DESHPANDE, SENIOR COUNSEL FOR SRI
SATISH S. RAICHUR, SRI BHUSHAN B. KULKARNI AND SRI
ANAND BAGEWADI, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF HOME,
VIDHANA SOUDHA, BENGALURU-560001.
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2. THE DEPUTY COMMISSIONER,
KOPPAL, DISTRICT: KOPPAL-583231.
3. THE ASSISTANT COMMISSIONER,
DISTRICT: KOPPAL-583231.
4. THE TAHSILDAR,
ANEGUNDI,
TALUKA GANGAVATHI,
DISTRICT: KOPPAL-583231.
5. SHRI NANJANGUDA RAGHAVENDRA
SWAMY MUTT,
THROUGH ITS PONTIFF,
MANTRALAYHA, KURNOOL DISTRICT,
ANDRA PRADESH STATE -5180001.
...RESPONDENTS
(BY SRI PRASHAT V. MOGALI, HCGP FOR RESPONDENT NOS.1
TO 4; SRI S.P. SHANKAR, SENIOR COUNSEL FOR SRI
PHANIRAJ KASHYAP, ADVOCATES FOR RESPONDENT NO.5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER PASSED BY THE RESPONDENT NO.4 DATED
27-06-2023, IN FILE NO.SAM/KAM/MAG:101:2023-24, IN SO
FAR AS THE REJECTION OF THE APPLICATION FILED BY THE
PETITIONER REQUESTING TO DEPUTE SUFFICIENT POLICE
PERSONNEL DURING THE CELEBRATION OF "SRI RAGHUVARYA
TEERTHARA MAHIMOTSAVA" FROM 04-07-2023 TO 10-07-2023
AT THE HOLY MOOLA BRINDAVANA OF SRI RAGHUVARYA
TEERTHA, SITUATED IN THE ISLAND NAMED "NAVA
BRINDAVANA GADDE", BEARING SY.NO.192 OF ANEGUNDI,
TQ: GANGAVATI, DIST: KOPPAL, THE ORIGINAL ORDER BEING
AT ANNEXURE-A; CONSEQUENTLY, DIRECT THE RESPONDENT
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NO.2 AND 3 AUTHORITY TO ALLOW THE APPLICATION FILED
BY THE PETITIONER DATED 08-06-2023, THE COPY OF WHICH
IS AT ANNEXURE-N.
IN WP.NO.103994/2023
BETWEEN:
SRI RAGHAVENDRASWAMY MUTT,
REPRESENTED BY HIS
HOLINESS SRI SUBUDHENDRATHEERATHARU,
BY HIS POWER OF ATTORNEY,
SRI R.K. VADEENDRA,
S/O. R. KRISHANACHAR,
AGED ABOUT 51 YEARS,
SRI NANJANGUDRAGHAVENDRASWAMY MUTT,
NO.524, 5TH BLOCK, 11TH MAIN,
45TH CROSS, JAYANAGAR,
BENGALURU-560041.
...PETITIONER
(BY SRI S.P. SHANKAR, SENIOR COUNSEL FOR SRI PHANIRAJ
KASHYAP, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
MINISTRY OF REVENUE,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
AMBEDKAR VIDHI,
BENGALURU-560001.
2. TAHSILDAR,
GANGAVATHI,
O/F PAMPA NAGAR, KOPPAL,
SH-130, KANAKAGIRI GANGAVATHI,
MUNIRABAD ROAD, GANGAVATHI TALUK,
KOPPAL DISTRICT-583227.
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3. SUPERINTENDENT OF POLICE,
BT PATIL NAGAR, ASHOK CIRCLE,
KOPPAL-583231.
4. SRI UTTARADI MUTT,
REPRESENTED BY ITS PEETADHIPATHI,
SRI SATYATMATEERTHASWAMIJI,
UTTARADI MUTT, BASVANGUDI,
NEAR NATIONAL COLLEGE, BENGALURU-560085.
...RESPONDENTS
(BY SRI PRASHANT V.MOGALI, HCGP FOR RESPONDENT NOS. 1
TO 3; SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL AND SRI
AMEET KUMAR DESHPANDE, SENIOR COUNSEL FOR
RESPONDENT NO.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
APPROPRIATE WRIT BY QUASHING THE ORDER BEARING NO.
KOM.MAG:101:2023-24 DATED 27-06-2023 OF SECOND
RESPONDENT WHICH IS PRODUCED AT ANNEXURE-A; DIRECT
RESPONDENT NO.1 TO 3 TO PROVIDE POLICE PROTECTION
DURING ARADHANA OF SRI JYATEERTHARU WHICH IS
SCHEDULED TO TAKE PLACE ON 6TH JULY 2023, 7TH JULY 2023
AND 8TH JULY 2023.
THESE PETITIONS, COMING ON FOR DICTATION, THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard learned Senior counsel Shri S.P.Shankar on behalf of learned counsel Shri Phaniraj Kashyap, learned Senior counsel Shri Jayakumar S. Patil, and learned Senior counsel Shri Ameetkumar Deshpande on behalf of learned counsel Sri Satish S. Raichur for the petitioners in both these matters i.e., on behalf of Shri Raghavendra Swami Mutt and Shri Uttaradi Mutt, respectively.
2. These two petitions are filed by petitioners challenging the order passed by the Tahasildar dated 27.06.2023, wherein the Tahasildar has rejected the applications of both petitioners, namely two factions i.e., Shri Raghavendra Swami Mutt and Shri Uttaradi Mutt, who sought police protection for performing Aradhana of Shri Jayateertharu from 06.07.2023 to 08.07.2023 at Navabrindavana Gaddi and a similar application made by Uttaradi Mutt for celebrating of Raghuvarya Theerthara Mahimotsava for the dates from 04.07.2023 to 10.07.2023 -6- NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 at Navabrindavana Gaddi in Sy.No.192 of Anegundi, Gangavathi taluk, Koppal district.
3. It is very unfortunate to note that the great saint Shri Madhwacharya was philosopher, theologian and chief proponent of "Dvaita school of Vedanta" sadly his lineage descendents are now at logger heads with each other for performing Aradhana and to celebrate Mahimotsava. This is the 2nd round of litigation in the past two months. As earlier also, one of the petitioners had approached this Court against the order of Assistant Commissioner who had refrained from granting permission to conduct Mahimotsava and held that there would be law and order problem, due to which a petition came to be filed in W.P.No.103449/2023, which came to be disposed of by this Court on 05.06.2023 with regard to performing religious rituals/Aradhana and Shraddha which was fixed on 5th, 6th and 7th day of June-2023. The parties are once again before this Court in view of rejection of request/ representation made by both petitioners for providing -7- NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 them police protection to perform Aradhana of Shri Jayateertharu and celebrate Raghuvarya Theerthara Mahimotsava.
4. Though these petitions are listed for orders, with consent of learned Senior counsels for both the parties, who are present before the Court, these petitions are taken up for final disposal.
5. Learned Senior counsel Shri S.P.Shankar, Shri Jayakukar S.Patil, and Shri Ameetkumar Deshpande have vehemently argued on behalf of the respective petitioners enlightening this Court with regard to preaching of the great saint Shri Madhwacharya and so also his philosophy and the succession inherited by the followers and the Acharyas which has been conducted from centuries and the Aradhana performed in Navabrindavana Gaddi and the religious belief and the faith in conducting and performing this Aradhana and Mahimotsava in the Navabrindavana Gaddi. -8-
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6. It is the contention of learned Senior counsel Shri S.P.Sankar appearing on behalf of Shri Raghavendra Swamy Mutt that, the Raghavendra Swamy Mutt is a holy Moola Maha Samsthana established by Shri Madhwacharya amongst other Mutts established by him and follows traditions established by Shri Madhwacharyaru as per the customs and traditions of Madhwa parampara. That the performance of Aradhana of a saint is a bounden religious duty of the petitioner's Mutt pontiff. He also contends that Navabrindavana Gaddi is a tiny Island formed in Tungabhadra river in Anegundi village which is also called as Gajagahwara in Sanskrit, Gangavathi Taluka, Koppal District. He also contends that there are 9 holy saints of Madhwa Parampara. Hence, it is called Navabrindavana consisting of 9 Brindavanas. He also contends that out of 9 Brindavanas, Shri HH Padmanabha Theertharu, Shri HH Kavindra Theertharu and Shri HH Vageesha Theertharu are the subject matter of dispute between petitioners which is pending adjudication in RSA No.100446/2015 before the coordinate bench of this Court.
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7. According to the learned Senior counsel Shri S.P.Shankar, along with above said 3 Brindavanas amongst 9 Brindavanas, one of the Brindavanas is that of Shri HH Jayateertharu which is contended by petitioner in the other petition to be belonging to Shri Raghuvarya Teertharu. Learned Senior counsel contends that the annual Aradhana of Shri HH Jaya Teertharu falls on Ashada Krishna Panchami which falls on 06th, 07th and 8th July, 2023. That the Aradhana of Jayateertharu has been performed at Navbrindavana Gaddi from time immemorial by Raghavendra Swamy Mutt and for sometimes by the disciples of Raghavendra Swamy Mutt. He relies on several newspaper cuttings to show that such Aradhanas have been performed by the Raghavendra Swamy Mutt and its disciples at Navabrindavana Gaddi. In view of the fact that Moola Brindavana of Shri Jayateertharu is located in the Navabrindavana Gaddi at Anegundi, the petitioner/ Raghavendra Swamy Mutt made an application to the Deputy Commissioner, Assistant Commissioner and to the Tahasildar which was eventually forwarded to the
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 Tahasildar to take the decision. The Tahasildar passed an order rejecting the police protection sought by the petitioner/Raghavendra Swamy Mutt vide order dated 27.06.2023. Aggrieved by which, both petitioners are before this Court challenging the very same endorsement issued by the Tahasildar.
8. In the other petition instituted by Uttaradi Mutt, petitioner made a similar application to the respondent authorities namely Deputy Commissioner, Assistant Commissioner and the Tahasildar for celebration of Shri Raghuvarya Teerthara Mahimotsava from 04.07.2023 to 10.07.2023 at the holy Moola Brindavana of Shri Raguvarya Teertha situated at island namely Navabrindavana Gaddi bearing Sy.No.192 of Anegundi, taluka Gangavathi, Dist: Koppal. It is the contention of learned Senior counsel Shri Jayakumar S.Patil and Shri Ameetkumar Deshpande that the petitioner Mutt (Uttaradi Mutt) is the main pontifical mutt in the lineage of the Great saint Shri Madhvacharya and involved in preaching
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 the philosophy of Shri Madhvacharya and that he had entered into the holy Brindavana of 9 previous Gurus of Madhwa philosophy. That the holy Brindavana of Shri Raghuvarya Teertharu belonging to Uttaradi Mutt is existing in the said Island.
9. It is also contended that the petitioners in these two petitions have a history of litigation dating back to the year 1959-1960 wherein, the petitioner's Mutt (Uttaradi Mutt) claims to be the owner of the land which is Island in Tungabhadra river named as Navabrindavana Gaddi in Sy.No.192 of Anegundi, Gangavati taluka, Koppal District. It is contended by learned Senior counsel that Raghuvarya Teertharu is one of the predecessor Peethadipati/pontiff and Guru of the petitioner's Mutt attained the state of eternal peace and entered Brindavana in the said Island which is of reverence to thousands of devotees of the petitioner's Mutt (Uttaradi Mutt). It is also contended that petitioner mutt is the absolute owner and in exclusive
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10. Learned Senior counsel further contended that 9 Brindavanas, i.e., 1) Padmanabha Thirtha, 2) Kavindra Thirtha, 3) Vagisha Thirtha, 4) Raghuvarya Thirtha, 5) Shudhindra Thirtha, 6) Vyasarayaru (Vysararaj Tirtha), 7) Srinivas Thirtha, 8) Rama Thirtha (Ramachandra Thirtha) and 9) Govindawadiyaru, are located in the Island of Sy.No.192 of Anegundi village. It is also contended that Shri Raghuvarya Teertharu is solely belongs to Uttaradi Mutt. It is further contended that petitioner's Mutt (Uttaradi Mutt) being in exclusive possession and ownership of the Island bearing Sy.No.192 of Navabrindavana Gaddi of Anegundi village has been performing the various religious ceremonies since several centuries through the previous peethadhipati/pontiff. The annual Aradhana of Shri Raghuvarya Teertharu is also performed at the sanctum of Moola Brindavana of Shri Raghuvarya Teertha at Navabrindavana Gaddi Island
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 bearing Sy.No.192 as stated above and this celebration has been performed every year in the name of Shri Raghuvarya Teerthara Mahimotsava in the week covering the Thithi "Aashaadha Bahula Panchami" which in the present year falls between the 4th July to 10th July-2023. Hence, petitioners made an application to respondent authorities to provide sufficient police protection to be deputed at the Island bearing Sy.no.192 of Navabrindavana Gaddi at Anegundi during the celebration of Shri Raghuvarya Teerthara Mahimotsava at the Moola Brindavana of Raguvarya Teertharu for the period from 04.07.2023 to 10.07.2023.
11. The application made by the petitioner Mutt (Uttaradi Mutt) did not find favour to the petitioner as another application came to be filed by the petitioner's in the other petitions namely Raghavendra Swamy Mutt which also sought for similar prayer to perform Aradhana of Shri Jayateertharu for the period from 06.07.2023 to 08.07.2023 at Nava Brindavana Gaddi at Anegundi village
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 of Gangavathi taluk, Koppal district. The application filed by the petitioners in these two petitions came to be rejected by the Tahasildar on 27.06.2023 which is subject matter of these petitions.
12. It is vehemently contended by learned Senior counsel Shri S.P.Shankar that the impugned order passed by the Tahasildar is arbitrary, illegal and contrary to the material placed on record. He further contends that Aradhana which is sought to be performed by Raghavendra Swamy Mutt is a sacred ritual Aradhana which is an essential religious practice and therefore, the religious faith, belief and practices are fundamental right and the constitutional right as provided under Article 25 of the Constitution of India and the same requires to be appreciated and granted in view of the religious faith and belief of several devotees and followers of Shri Jayateertharu of the Raghavendra Swamy Mutt. He also contends that the said Aradhana is being performed from several years rather decades by the Raghavendra
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 Swamy Mutt in the same place at the Navabrindavana Gaddi. Hence, they should be permitted to perform sacred ritual of Aradhana of Shri Jayateertharu for the period from 06.07.2023 to 08.07.2023.
13. Learned Senior counsel contends that the Tahasildar has not applied his mind while rejecting the application filed by the petitioner Raghavendra Swamy Mutt and has mechanically rejected the application under the pretext that there would be a law and order situation and that there is likely chances of mutual clashes between the persons of both Mutt's resulting in breach of peace, law and order. The said endorsement has been given by the Tahasildar based on the report submitted by the Circle Inspector, Rural Police Station, Gangavathi and based on the said report of the Circle Inspector of the police station, the Tahasildar has rejected the applications of both the Mutts namely Raghavendra Swamy Mutt and Uttaradi Mutt to perform or conduct respective Aradhana and celebrations during the said period.
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14. Learned Senior counsel further contends that the practice of religious faiths by the parties/citizens of India is a constitutional right provided under Article 25 of the Constitution of India. Therefore, he contends that rejection of the application by the Tahasildar to conduct religious rituals, Aradhanas by the petitioner's Mutt i.e., Raghavendra Swamy Mutt for the period from 06.07.2023 to 08.07.2023 is arbitrary and the same is without proper application of mind. Therefore, the said order requires to be set-aside and the petitioner deserves to be permitted to perform religious ceremonies inconsonance to the religious belief, religious faith in a peaceful manner at Moola Brindavana i.e., Navabrindavana Gaddi to perform Aradhana of Shri Jayateertharu.
15. Learned Senior counsel further contends that he does not have any objections that the petitioners in the other petition namely Uttaradi Mutt in celebrating Shri Raghuvarya teerthara Mahimotsava on 04, 05, 09th and 10th. They are at liberty to participate in the Aradhana
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which is sought to be performed by the
petitioner/Raghavendra Swamy Mutt on 6th, 7th and 8th July, 2023.
16. Learned Senior counsel to canvass his argument relies on the judgment of Hon'ble Apex Court in the case of S.R.Bommai and Ors Vs Union of India (UOI) and Ors reported in (1994) 3 Supreme Court Cases 1 to enlighten this Court with regard to Article 25(1) of the Constitution of India which protects freedom of conscience and the right to freely profess, practise and propagate religion. Learned Senior counsel further contends that practicing of religious faith with regard to performance of Aradhanas and Pooja's are an essential and integral practices of one's religion. He also contends that petitioner has the right to freedom of conscience and dignity and also he has right to practice the religion of his choice and religious faiths and beliefs are personal choices. He also contends that no doubt religious practice is subject to control of public order peace, tranquility, morality and
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 subject to other secular activities. In the present case, he contends that the petitioner/Raghavendra Swamy Mutt have been conducting Aradhanas for several decades and they would do so maintaining the peace, tranquility and public order of morality and in view of the fact that there is rival claim made by other petitioners namely Uttaradi Mutt to avoid any unwarranted incidents happen occurring with regard to any law and order situation, an application came to be filed to the respondent authorities.
17. Respondent authorities more specifically the Tahasildar has rejected the application of both the parties without applying his mind on the flimsy ground of likelihood chances of mutual clashes between the persons of two different Mutts on the basis of the report of Circle Inspector, Rural Police Station, Gangavathi which may create a law and order situation.
18. Learned Senior counsel further contends that the petitioner would be satisfied if they are given three days time from 6th July, 2023 to 8th July, 2023 to perform
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 the Aradhana of Shri Jayateertharu and other days i.e., 4th July, 2023 to 10th July, 2023 except the days designated by the petitioner to be given to Shri Uttaradi Mutt to celebrate Shri Raghuvarya Teerthara Mahimotsava. An order could be passed by this Court so that they can share few days between each other in performing the Aradhanas and celebration of Mahimotsava. On these grounds, he seeks to allow his petition.
19. Per Contra, learned senior counsel Sri Jayakumar S. Patil supported by learned senior counsel Sri Ameet Kumar Deshpande vehemently contend that the Shri Raghavendra Swamy Mutt do not have any right, title or interest in the Navabrindavana Gaddi and they have now recently started interfering with the Moola Brindavana of Sri Raghuvarya Teertharu at Navabrindavana Gaddi only with an intention to strategically create evidentiary material to show their presence in the Navabrindavana Gaddi. Learned senior counsel also contends that the
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 petitioner Shri Raghavendra Swamy Mutt have admitted in the pleadings by way of deposition on oath before the Civil Court on the existence of Shri Raghuvarya Teertharu at Navabrindavana Gaddi in Sy.No.192 of Anegundi belonging to Sri Uttaradi Mutt. Under such circumstances, when they have failed to establish the existence of Shri Jayateertharu at Navabrindavana Gaddi and having failed in previous attempt in establishing the existence of Shri Jayateertharu in Navabrindavana Gaddi are deliberately trying to make attempt to perform Aradhana of Shri Jayateertharu at Moola Brindavana of Shri Raghuvarya Teertharu at Navabrindavana Gaddi. Therefore, learned senior counsel contend that the rejection of the application by the Tahashildar of Sri Raghavendra Swamy Mutt is justified, but however, they contend that the rejection of the application filed by Shri Uttaradi Mutt to perform Shri Raghuvarya Teerthara Mahimotsava for a period from 4th July, 2023 to 10th July, 2023 is highly arbitrary and the Tahashildar has failed to take into consideration the earlier orders passed by this Court in Writ Petition
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 No.102614/2022 and in Writ Petition No.103449/2023 (authored by me), thereby there is no application of mind by the Tahashildar in rejecting the application of the petitioner (Shri Uttaradi Mutt) and hence, the same is liable to be quashed.
20. Learned senior counsel appearing on behalf of petitioner (Shri Uttaradi Mutt) controverts the arguments put forth by the learned senior counsel Sri S.P.Shankar to state that the Aradhana sought to be performed by Shri Raghavendra Swamy Mutt of Shri Jayateertharu is a recent practice and only intended to create an inroad into the Navabrindavana Gaddi, on the contrary Shri Jayateerthara samadi is located at Malkhed and even according to the petitioner/Shri Raghavendra Swamy Mutt, they have never ever stated with regard to the existence of Shri Jayateertharu at Navabrindavana Gaddi at earliest point of time and so also the issue of performing Aradhana of Shri Jayateertharu was not the subject matter till the year 2022. Hence, he contends that there is not even a shred of
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 evidence to show the existence of Shri Jayateertharu at Navabrindavana Gaddi. Under these circumstances, he contends that the application which is rejected by the Tahashildar pertaining to Shri Uttaradi Mutt requires to be allowed by setting aside the endorsement issued by the Tahashildar and consequently, the endorsement issued against the other petitioner namely Shri Raghavendra Swamy Mutt deserves to be sustained as the rejection is correct and rightfully justified.
21. Heard the learned senior counsel on both sides and the learned HCGP representing the State.
22. It is not in dispute that the parties before this Court have a chequred history dating back to 1959-60 much water must have flown under the bridge till initiation of petition before this Court. In this writ petition and so also in the previous Writ Petition No.103449/2023 and Writ Petition No.102614/2022 it is not in dispute with regard to nine Brindavanas being present as Samadhi in the Navabrindavana Gaddi. It is also not in dispute that
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 the parties are at lis between each other in the O.S.No.65/1959-60 and O.S.No.193/1992 which is later transferred and re-numbered as O.S.No.74/2010 which is now resulted to RSA.No.100446/2015 and the same is pending adjudication before the coordinate bench of this Court.
23. Before taking up this matter, a query was posed to both learned senior counsels whether the matters in dispute before this Court are the subject matter of the original suit, now pending in R.S.A.No.100446/2015. It is answered by the learned senior counsel that the subject matter in this writ petition is not the subject matter of the R.S.A. pending adjudication. On a previous occasion in the Writ Petition No.102614/2022, which was filed by Shri Raghavendra Swamy Mutt, an order came to be passed by a coordinate Bench of this Court, wherein it was held that the subject matter pending in the R.S.A. Court cannot be agitated before this Court in the jurisdiction under Article 226 of the Constitution of India. It is also relevant to note
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 that this Court in Writ Petition No.103449/2023 held that it would not be appropriate for this Court to venture into the rights and title or existence of Shri Raghuvarya Teertharu or that of Shri Jayateertharu in the Navabrindavana Gaddi, as the same would have to be decided in the pending R.S.A. proceedings.
24. Detailed arguments have been addressed by both sides with regard to the origin, the philosophy, the teachings of the great saint Shri Madhvacharya, lineage, disciples and followers and the pontiffs conducting and performing the Aradhanas and celebration of Mahimotsava at the Navabrindavana Gaddi.
25. I am afraid this Court cannot go into the details of the right, title and interest of the parties to this petition under Article 226 of the Constitution of India, as the matter is already pending in R.S.A. proceedings. It may also not appropriate this Court to express any opinion or make any observations with regard to the rights of the
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 petitioner-Shri Raghavendra Swamy Mutt and Shri Uttaradi Mutt in the Navabrindavana Gaddi.
26. This Court expresses its pain and anguish with regard to the matter being prosecuted for almost five decades and the parties are unable to get resolved their disputes. Though this Court made an observation in the previous Writ Petition No.103449/2023, that this Court hopes that both the parties to maintain public peace and tranquility for religious rituals and Aradhana and for maintaining religious faiths and beliefs that the same has not borne fruit and the petitioners are before this Court within a month being aggrieved by the order of the Tahashildar.
27. As stated by this Court earlier, this Court does not want to venture into the merits and demerits of the case, which would in turn hamper the proceedings in R.S.A., as the substantial question of law are pending adjudication in the R.S.A. proceedings. This Court cannot, while sitting in the writ jurisdiction Under Article 226 of the
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 Constitution of India would refrain from adverting to the disputed question of facts. Now coming to the aspect of the order in question passed by the Tahashildar, who has rejected the applications of the both parties namely Shri Raghavendra Swamy Mutt and Shri Uttaradi Mutt for performance of Aradhana of Shri Jayateertharu and celebration of Shri Raghuvarya Teerthara Mahimotsava, the said order deserves to be set aside as the reasons and grounds stated by the Tahashildar in the impugned order cannot be sustained with regard to denying permission for conducting Aradhana or Mahimotsava would result in breach of peace, law and order, based on the report of the Circle Police Inspector of Rural Police Station, Gangavati and there is likelihood of mutual clashes between the persons of both Mutts'. I am afraid that this cannot be the reason for rejecting the application for performance of Aradhana and the celebration of the Mahimotsava.
28. The State being the parens patriae and the guardian, it is duty bound to take care of the welfare of
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 the citizens and is duty bound to protect the citizens and give necessary protections as enshrined in the Constitution of India. More so, with regard to performance of Aradhanas or Pooja's which is religious faith, religious belief and the religious practice, which are essential to one's religion. However, it is made clear that this Court has not expressed anything with regard to essential religious practice of the petitioners as the same is left open to be decided in the pending R.S.A or any other proceedings initiated by the parties. In view of the above discussions, I pass the following :
ORDER
(i) The writ petitions are allowed in part with following directiong:
(ii) The impugned order dated 27.06.2023 passed by the Tahashildar vide Annexure- is quashed.
(iii) The petitioners in Writ Petition No.103982/2023 namely Shree Uttaradi Mutt shall be entitled to celebrate Shree Raghuvarya
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 Teerthara Mahimotsava from 4th July to 7th July, 2023 (both days inclusive) at the Navabrindavana Gaddi bearing Sy.No.192 of Anegundi, Taluka-Gangavati, District-Koppal.
(iv) The petitioners in Writ Petition No.103994/2023 namely Shree
Raghavendraswamy Mutt shall be entitled to perform Aradhana of Shree Jayateertharu for a period from 8th July to 10th July 2023 (both days inclusive) at the Navabrindavana Gaddi bearing Sy.No.192 of Anegundi, Taluka- Gangavati, District-Koppal.
(v) The respondent/State shall provide suitable Police assistance and protection for the purpose of maintaining public peace, morality, tranquility and would be at liberty to impose the suitable orders to maintain the public peace and tranquility or discipline including issuance of an order under Section 144 of Cr.P.C during the said period mentioned hereinabove.
(vi) It is made clear that this Court has not touched upon the merits and demerits of the case, existence or otherwise of either Shree Raghuvarya Teertharu or Shri Jayateertharu in
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NC: 2023:KHC-D:6758 WP No. 103982 of 2023 C/W WP No. 103994 of 2023 Navabrindavana Gaddi which is being agitated before the RSA Court as disputed question of fact and law are involved.
(vii) It is also made clear by virtue of this Court granting reliefs to both parties, this order would not in any way create a precedent for the litigations if any arise between the parties as the same will have to be adverted in the RSA proceedings, wherein the larger issue between the parties are pending consideration.
(viii) The directions issued to the respondent/State shall be followed in stricto sensu, without any violation and breach. Proper protection shall be given to both parties devotees, followers for the relevant dates mentioned hereinabove, failing which, authorities will face serious repercussion from this Court.
Sd/-
JUDGE AM/CKK List No.: 1 Sl No.: 34