The court ruled that the administrative authority exceeded its jurisdiction in determining hereditary rights, necessitating resolution by the Endowments Tribunal as per Act 30 of 1987.

Order :

K. MANMADHA RAO, J.

The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…..to issue a Writ, order or direction especially one in the nature of Writ of Mandamus declaring the proceedings Rc.No.A1/10036/2014, dated 15-6-2015 passed by the 3^rd respondent is illegal, arbitrary, lack of jurisdiction, non application of mind, usurping the powers of Tribunal and vioaltive of the provisions of Act 30 of 1987 and the Rules made there under and consequently set aside the proceedings of 3^rd respondent dated 15-6-2015 and also the memo issued by the 4^th respondent dated 30-6-2015….”

2. Brief facts of the case are that the 1^st petitioner discharging the duties or Archaka in Sri Venkateswara Swamy temple, Kothapeta and Lord Venugopala Swamy Temple, Eatakota, East Godavari District (for short “subject temples”) on rotation basis. The petitioners 3 and 4 are also discharging duties in the temples on rotation basis along with the respondents 5 to 7. Sri Venkateswara Swamy Temple, Kothapeta is classified as 6C temple. While things stood thus, the respondents 5 to 7 filed suit in O.S.No.88 of 1992 on the file of District Munsif Court, Kothapeta against the 1^st petitioner and others for declaration that they are the only surviving hereditary archakas of subject temples. The 1^st petitioner filed written statement and contested the suit. The Endowments Department represented by the Manager of the 4^th respondent filed written statement. The suit O.S.No.88 of 1992 was dismissed for default on 18.10.2000. Later the respondents 5 to 7 filed I.A.No.2230 of 2000 under Order 9 Rule 9 under Section 151 C.P.C. By filing a memo the application was not pressed and hence by order dated 26.3.2008, the learned Principal Junior Civil Judge, dismissed I.A.No.2230 of 2000 as not pressed. Thus, the suit filed by the respondents 5 to 7 was dismissed. As on today, the 1^st petitioner rendering archakatvam service in Sri Lord Venugopala Swamy Temple, Eatakota. The 5^th respondent is rendering archakatvam service in Sri Venkateswara Swamy Temple, Kothapeta and has to handover the Archakatvam service to the petitioners 3 and 4 in August, 2015 as per rotation. On an earlier occasion, the 1^st petitioner filed W.P.No.19062 of 2007 impugning Memo No.1/2017, dated 03.09.2007 issued by the 2^nd respondent as illegal. This Court vide order dated 19.12.2007 allowed the writ petition directing the 3^rd respondent therein to dispose of the matter within three months and directed the parties to maintain status-quo. Accordingly, the 3^rd respondent conducted enquiry on 20.05.2008 and directed the parties to approach the competent Court for settlement of issue in the matter of legal heirs. Thereafter, the then 3^rd respondent issued notice vide Rc.No.A1/10036/ 2014, dated 06.05.2015 and directed the petitioners 1 and 2 along with respondents 5 to 7 to attend enquiry on 14.05.2015 at 11:00 A.M. The petitioners have filed their explanations. The 3^rd respondent without considering any of the documents including the judgment dated 10.04.1997 passed in O.S.No.280 of 1989 on the file of District Munsif at Kothapeta, passed the impugned proceedings vide Rc.No.A1/10036/2014, dated 15.06.2015, stating that the respondents 5 to 7 alone are entitled to render archakatvam as per Act 30/87 and also Archakatvam Service Rules and further directed the 4^th respondent to implement the orders and report compliance. Pursuant to the same, the 4^th respondent issued letter dated 30.06.2015 declaring that the petitioners 1 and 2 are not entitled to render archakatvam service in the Lord Venkateswara Swamy temple, Kothapeta. Aggrieved by the proceedings dated 15.06.2015 of the 3^rd respondent, the present writ petition has been filed.

3. This Court, vide order, dated 10.07.2015 has granted interim suspension of the proceedings vide Rc.No.A1/10036/2014, dated 15.06.2015 of the 3^rd respondent in WPMP.No.27402 of 2015.

4. The 3^rd respondent filed counter affidavi