IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R. RAGHUNANDAN RAO, J.
Itikala Nageswaraiah and Ors. – Appellants
Versus
The State of Andhra Pradesh and Ors. – Respondents
W.P. Nos. 19499, 19514 of 2016, 17464 of 2017, 19797 of 2018, 7075 of 2019 and 10722 of 2021
Decided On : 08-09-2021
Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Section 34 , 34(2), 34(3), 34 (4), 144, 153 - Writ petitions - Writ petitions are filed by members of two branches of families of Archakas of 5th respondent-temple - These writ petitions essentially raise same issues of law and fact and are being disposed of by this common order - Whether grades of pay and other service conditions for these Archakas have been fixed or not – Held, Even though this order is an interlocutory order, Court in respectful agreement with ratio of said order – Court is of view that Archakas of temples, who are subsisting on income from service Inam lands belonging to temples, cannot be made to give up such lands until and unless appropriate authority fixes scale of pay and other service conditions of such Archakas - It is contention of respondents that members of two branches of Archaka families are being paid salaries - However, there is no mention as to whether grades of pay and other service conditions for these Archakas have been fixed or not - In fact, it appears that except paying an ad hoc salary, respondent authorities have not framed any scheme fixing scales of pay/salaries to Archakas - Such payment of ad hoc salaries cannot be treated as framing of a scheme, as required under above proceedings - Writ petitions are disposed of.
JUDGMENT :
R. Raghunandan Rao, J.
1. These writ petitions are filed by the members of the two branches of the families of Archakas of the 5th respondent-temple. These writ petitions essentially raise the same issues of law and fact and are being disposed of by this common order.
2. Sri Siddeswara Swamy Devasthanam, Dornipadu Village & Mandal, Kurnool District, the 5th respondent herein, is the owner of various extents of land, including Ac.66.85 cents of land, which was in the possession and enjoyment of the hereditary Archakas of the 5th respondent-temple. In the year 1970, there were certain disputes between the Archaka families and the Endowment Department with regard to the apportionment of the lands. This dispute was resolved by way of a compromise, which was recorded in the proceedings of the Joint Commissioner, Endowment Department in R. Dis. No. 19775/70-07, dated 07.04.1971 wherein the share of the Archakas was fixed at Ac.40.78 cents and the share of the temple was fixed at Ac.26.14 cents. On the basis of these proceedings the Commissioner, Endowment Department issued proceedings in Rc. No. A3/2089/70/4, dated 04.07.1973. In these proceedings, the land belonging to the share of Archakas was split into two parts i.e., the branch of Sivapujari Tikkaiah being allotted Ac.19.05 ½ cents and the branch of Sivapujari Veerabhadraiah being allotted Ac.17.25 ½ cents. These lands were allotted to the two branches of Archaka families as remuneration for performing Archakatvam in the 5th respondent-temple.
3. In the year 2016, one of the members of this family approached this Court by way of W.P. No. 19514 of 2016 being aggrieved by the conduct of public auction by the Executive Officer of the 5th respondent-temple, of the leasehold rights of an extent of Ac.15.10 cents, which was under the possession of that branch of the family. The contention of the petitioner therein was that the hereditary Archakas, even after the enactment of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') were entitled to continue in possession of the lands allotted to them and to obtain sustenance and livelihood from the said lands as remuneration for Archakatvam services offered in the 5th respondent-temple. The erstwhile High Court at Hyderabad for the State of Telangana and the State of Andhra Pradesh, by an interlocutory order dated 20.06.2016, had granted interim stay of auction of the leasehold rights of the said land.
4. The members of the Branch of Sri Sivapujari Tikkaiah had approached this Court by way of W.P. No. 19499 of 2016 with a similar plea against the proposed auction of leasehold rights of Ac. 19.05 ½ cents. A learned Single Judge of the erstwhile High Court at Hyderabad for the State of Telangana and the State of Andhra Pradesh, by an order dated 20.06.2016, had permitted the auction to go on with a direction that the proceeds of the auction would be deposited in an interest bearing fixed deposit.
5. W.P. No. 17464 of 2017 came to be filed by another member of Sri Sivapujari Tikkaiah branch of the family against the auction proposed to be held on 05.06.2017. A learned Single Judge of the erstwhile High Court at Hyderabad for the State of Telangana and the State of Andhra Pradesh, by order dated 02.06.2017, had permitted the auction to go on with a direction to deposit the auction proceeds in a fixed deposit.
6. W.P. No. 19797 of 2018 was filed by the writ petitioner, who had filed W.P. No. 17464 of 2017 against the proposed auction to be held on 18.06.2018. No interlocutory orders were given in this case.
7. W.P. No. 7075 of 2019 came to be filed by the members of Sivapujari Tikkaiah branch of the family against the auction of the leasehold rights of the land proposed to be held on 13.06.2019. A learned Single Judge of the erstwhile High Court at Hyderabad for the State of Telangana and the State of Andhra Pradesh, by order dated 10.06.2019, had permitted the auction to go on with a
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