Point of Law- Notwithstanding anything contained in sub sections (1) & (2) of this Section, the qualified members of those Archaka families which were continuing in archakatvam service under the provisions of the repealed the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 and recognized as such by the competent authority shall continue to have the right to archakatvam without having any right to emoluments such families used to receive earlier under Act 17 of 1966. However, they shall receive emoluments in accordance with the scheme under Section 144.

Headnote:
A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 – Section 34 - A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 – Land – Temple - Remuneration for services - In view of family having two branches, Commissioner of Endowments, Andhra Pradesh had passed an order based on compromise offered by members of this family in Miscellaneous Application - Under this order, the family of Archakas was put in possession as remuneration for services being rendered by family of Archakas and for Padhitharam expenditure - Subsequently, an order was passed wherein it was agreed that Archakas should be given possession - In this manner, the family of Archakas were given possession - This land was given in lieu of the remuneration payable to Archakas, performing Archakatvam in two temples - Apart from this, understanding between members of the family, which was formalized by orders was that Archakatvam would alternate between the two branches of the family on an annual basis - Whether or not such a letter had been issued by petitioner, is considering effect of such a letter as if it was written by petitioner.
Findings of the Court :
While petitioner has been working an Archaka in another temple on a payment of salary, it cannot be said that petitioner does not have any option, to give up his employment in other temple, and come back to respondent temple as an ‘Archaka’ - As rights of Archakatvam as well as the right to usufruct of the agricultural land was being rotated branch wise, father of petitioner, as the head of this branch, would be obvious person to perform Archakatvam service in relation to branch in accordance with scheme of arrangement between various branches of family - Petitioner would obviously not be in a position to carry on Archakatvam service in the 6th respondent temple and is definitely entitled to search of employment elsewhere until such opportunity is available to petitioner after demise of his father - As can be seen from the facts, petitioner, upon the demise of his father, had opted to rendered services to respondent temple - This option exercised by petitioner cannot be faulted either on ground that he was earlier working as an Archaka in respondent temple or on ground that he had relinquished his Archaka code in respondent temple.
Result : Writ petition is allowed.

ORDER :

Sri Visweswara Swamy vari temple and Sri Kanaka Durga Temple at B.Kondepadu Village, Pentapadu Mandal, West Godavari District are served by a family of hereditary Archakas. Sri Velavalpalli Papayya Sastry, who was the hereditary Archaka at one point of time, had three sons viz., late Sri Satyanarayana Murthy, late Sri Subbaraya Sarma and late Sri Achutaramaiah. As Late Sri Subbaraya Sarma was given out in adoption, the family effectively has two branches. Sri late Satyanarayana Murthy had one son by name late Sri Achutaramaiah, who again had only one son Sri Nagendra Prasad, who is the 2nd petitioner herein. Late Sri Veera Venkaiah had two sons viz., late Sri Satyanarayana Rama Sastry and late Sri Dakshina Murthy Sarma. Late Sri Satyanarayana Rama Sastry had a son by name Veera Venkata Subba Rao, who is the 7th respondent herein. Late Dakshina Murthy Sarma had one son, who is the 1st petitioner herein. To sum up, the branch of late Sri Satyanarayana Murthy is now represented by the 2nd petitioner and the branch of late Sri Veera Venkaiah is represented by the 1st petitioner and 7th respondent herein.

2. In view of the family having two branches, the Commissioner of Endowments, Andhra Pradesh had passed an order dated 04.03.1957, based on the compromise offered by the members of this family in Miscellaneous Application No.511 of 1956. Under this order, the family of the Archakas was put in possession of extent of Ac.5.60 cents as remuneration for the services being rendered by the family of Archakas and for Padhitharam expenditure. Subsequently, an order was passed on 14.03.1957, wherein it was agreed that Archakas should be given possession of Ac.3.46 cents as per ‘B’ schedule. In this manner, the family of Archakas were given possession of Ac.3.46 cents in R.S.No.165, Ac.4.02 cents in R.S.No.184/1, Ac.1.20 cents in R.S.No.164/2 and Ac.0.38 cents in R.S.No.165/3A of B.Kondepadu Village, Pentapadu Mandal, West Godavari District. This land was given in lieu of the remuneration payable to the Archakas, performing Archakatvam in the two temples. Apart from this, the understanding between the members of the family, which was formalized by the above orders was that the Archakatvam would alternate between the two branches of the family on an annual basis. The branch of late Sri Satyanarayana Murthy presently consists of one member namely the 2nd petitioner and the branch of late Sri Veera Venkaiah consists of two members namely the 1st petitioner and the 7th respondent. This would mean that the Archakatvam would alternate in the following manner:- First year will be branch of late Sri Veera Venkaiah- late Sri Satyanarayana Rama Sastry; Second year branch of late Sri Satyanarayana Murthylate Sri Achuta Ramayya; Third year branch of late Sri Veera Venkaiah-late Sri Dakshina Murthy Sarma; Fourth year branch of Late Sri Satyanarayana Murthy - late Sri Achuta Ramayya.

3. This system of performing Archakatvam alternatively between the two branches, and enjoying the usufructs of the lands given to the family of Archakas, was continued till the demise of Sri late Dakshina Murthy Sarma in the year 2015. At the time, when late Sri Dakshina Murthy Sarma passed away, the 1st petitioner was already working as an Archaka in the 5th respondent temple, on a salary basis. The 1st petitioner claims that thereafter he sought to carry on archakatwam service in the place of his demised father. It is the case of the 1st petitioner that he had received a notice dated 04.08.2019, issued by the learned standing counsel for Endowments, Tadepalligudem requiring the 1st petitioner to hand over his half share of the land given to the Archaka family, within seven days to the temple, failing which, cases would be lodged against the 1st petitioner. Thereupon, the 1st petitioner gave a reply pointing out to the compromise orders under which the Archakatvam service is being rotated between the branches of the Archaka family and that the 1st petitioner as the son

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