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Andhra Pradesh High Court
Judges : A.L.VAIDYA, C.V.RAMULU
Archakam Peddinti Srinivasamurthy Dikshitulu - Appellant
Versus
Commissioner, Charitable and Hindu Religious Institutions and Endowments in A.P. at Hyderabad - Respondent
Decided On : 09-08-71
The petitioner, a hereditary Archakam Mirasidar of the Thirumalai Tirupati Devasthanams at Tirupati, challenged two orders passed by the Commissioner for Charitable and Hindu Religious Institutions and Endowments (1st respondent) reducing the size of Prokthupadi Laddu intended for sale to pilgrims and the quantities of offerings by 50% in respect of 10 Sevas and 7 Padis. The petitioner contended that the orders infringed Articles 25 and 26 of the Constitution and were void. The court examined the validity of Section 23 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (the Act), which empowered the Commissioner to alter the Dittam (schedule of articles and requirements of worship or offerings) of religious institutions, in light of the fundamental rights guaranteed under Articles 25 and 26. The court also considered whether the orders complied with the provisions of Section 23 and whether the principles of natural justice were violated.
Fact of the Case:
The petitioner, a hereditary Archakam Mirasidar of the Thirumalai Tirupati Devasthanams at Tirupati, challenged two orders passed by the Commissioner for Charitable and Hindu Religious Institutions and Endowments (1st respondent) reducing the size of Prokthupadi Laddu intended for sale to pilgrims and the quantities of offerings by 50% in respect of 10 Sevas and 7 Padis. The petitioner contended that the orders infringed Articles 25 and 26 of the Constitution and were void.
Finding of the Court:
The court held that Section 23 of the Act was valid as it did not empower the authorities to fix or alter the Dittam without regard to the religious aspect of the same. However, the court found that the two orders passed by the Commissioner were void as they infringed Articles 25, 26, and 19(1)(f) of the Constitution. The court held that the orders were not justified as the Devasthanam was not suffering any loss and that the reduction in the quantities of offerings would affect the religious rites and practices. The court also found that the Commissioner and the Board of Trustees of the Devasthanam did not apply their minds before passing the orders.
Issues: 1. Whether Section 23 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (the Act), which empowered the Commissioner to alter the Dittam (schedule of articles and requirements of worship or offerings) of religious institutions, was valid in light of the fundamental rights guaranteed under Articles 25 and 26 of the Constitution. 2. Whether the two orders passed by the Commissioner reducing the size of Prokthupadi Laddu intended for sale to pilgrims and the quantities of offerings by 50% in respect of 10 Sevas and 7 Padis complied with the provisions of Section 23 of the Act. 3. Whether the principles of natural justice were violated by the Commissioner in passing the orders without giving the petitioner an opportunity to be heard.
Ratio Decidendi: 1. Section 23 of the Act was valid as it did not empower the authorities to fix or alter the Dittam without regard to the religious aspect of the same. 2. The two orders passed by the Commissioner were void as they infringed Articles 25, 26, and 19(1)(f) of the Constitution. The orders were not justified as the Devasthanam was not suffering any loss and the reduction in the quantities of offerings would affect the religious rites and practices. 3. The Commissioner and the Board of Trustees of the Devasthanam did not apply their minds before passing the orders.
Final Decision: The court allowed the writ petition and quashed the two orders passed by the Commissioner.
( 1 ) THE petitioner is a hereditary Archakam Mirasidar of the Thirumalai Tirupati Devasthanams at Tirupati rendering Archakatwam service in the holy shrine of Lord Sri Venkateswaraswami Varu situate at Tirumalai Hills and all the shrines attached thereto and other temples situate at Tirupati and attached to the said Devasthanam. There are various rights, honours, emoluments and perquisites attached and due to the said hereditary Archaka Mirasidars, which they are entitled to as per long established custom and usage. The Archakatwam service in Sri Venkateswara Swami Temple is rendered by four families who belong to the Vaikhanasa school of Srivaishnavites. It is averred by the petitioner that the worship in the above said temple is according to the Vaikhanasa Agamas and can be rendered only by four families, the petitioner belonging to one of such families. The Archakatwam service is rendered by turns and the petitioners turn commenced on 24/09/1968 and continued for one full year. The main contention of the petitioner is that the religious rites especially those of worship of the diety, are according to the Vaikhanasa Agamas and in those Agamas, the Neivedyam that has to be offered to the diety at various times of worship and also at the various Utsavams of the diety have been specified in very great detail. Not only the kind of Neivedyam that has to be offered at the time of each worship and in each Utsavam has been specified but also the quantity of such Neivedyam and the quantity of ingredients of each of the item that is offered as Neivedyam has also been specified in Vaikhanasa Agama Sastras. According to the petitioner, the quantity of food offerings and also what are known as Pannyarams i. e. , the fried offerings to Lord Venkateswara, have been offered according to the Vaikhanasa Agamas from time immemorial since the worship at the temple was first started. All these centuries the quantities of food offerings or the Pannyarams have not been reduced in quantity at ant time though the prices which a Grahastha has to pay at the time of such worship or the performance of various Utsavams and Arjitha Sevas have been increased from time to time. The Archaka Mirasidars along with other Mirasidars of the temple are entitled to a particular share in these food offerings and Pannyarams. The food offerings and Pannyarams are of two kinds; one offered by the Grahasthas who worship at the temple, perform the various Utsavams. The other food offerings and Pannyarams are by the Devasthanam itself. As already stated, the Archaka Mirasidars have a share in these food offerings and Pannyarams ; and in addition to that, they get certain cash benefits also at the time of the various Utsavams. The Archakas have to render service not only to the " Moolavar diety " but also to the " Utsavar diety " and also in the temples attached to the main shrine of Lord Venkateswara. About 10 or 12 years back, the duties of these Archakas were from 6-00 A. M. To 12-00 noon and from 6-00 P. M. To 9-00 P. M. But of late, their duties have vastly increased because of the duration the temple of Lord Venkateswara is kept open. The Darshan of Lord Venkateswara is given to those who perform the various Arjitha Sevas and Utsavams and also to those who do not pay anything. The second kind of Darshan is called " Dharma Darshan " and upto a few years back, the time for " Dharma Dharsan " is about 14 hours in a day without in any manner reducing the time earlier fixed for Arjitha Sevas. The result is that the temple remains closed hardly for about an hour or two during the 24 hours. The Archakas have to be present all the time during the hours the temple is open offering service to the pilgrims who attend the temple. In addition to this, they are given custody of the various jewels and vessels ( Upkarnas ) necessary for the pooja of the diety. All these jewels and vessels, the value of which sometimes runs into several thousands of rupees, have to be ret
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