The petitioner in W.P. No. 38148 of 2000, claiming to be the Sajjada of Hazrath Dada Hayath Meer Khalendar Sree Guru Dattatreya Baba Budan Swamy's Dargha has filed this petition seeking for issuance of a writ of certiorari or any other relief to quash the order dated 29-11-2000 passed by the Deputy Commissioner, Chikmagalur District and the order of the Divisional Commissioner, Mysore dated 17-11-2000 and, to quash Annexures-N and O - the proceedings of the Government and to issue a writ of mandamus to direct respondents 2 and 3 from interfering with the peaceful management and administration of the said Dargha and Peetha and for such other orders.

2. According to the petitioner, Guru Dattatreya Baba Budan Swamy's Dargha situate at Bababudangiri Hills at Chikmagalur District is an ancient important institution held in high esteem by Hindus and Mohammedans and is worshipped by large number of pilgrims all over India. According to him, it is presided by the Sajjada or Matadhipathi and the said religious office of Sajjadanashin is a hereditary office. The history of the shrine was published in the year 1930 in V:5 of the Mysore Gazette. It is averred in the petition that the annual Urs of all the saints will be conducted along with the Urs of Dada Hayath Khalender Dattatreya Swamy. There are buildings like Langer Khana, Chilla Khana, Musafir Khana, Fakir Chowk and office. There is a Mujawar appointed by the Sajjada to perform daily rites inside the cave and he is the one who enters the sanctum sanetorum of the institution and distributes thirtha to devotees of both the communities and M also lights to Nandadeepa and puts flowers to the Paduka. The recognised Hindu Gurus of different mutts are also taken inside the cave gate to offer their respects to the paduka. The Mujawar takes Sambrani and performs religious rituals inside the main shrine between 7.00 and 8.00 p.m. daily. According to this petitioner, Sajjada performs the Urs of Dada and all other saints as per the prevailing customs and offers Fateha and no other functions apart from the Urs is conducted from the said Dargha. It is a hereditary seat and the Sajjada appointed by management of Dada Hayath is conducting the daily rituals from time immemorial and only Syeds can be the Swamis of the Mutts.

3. The grandfather and father of the petitioner were recognised as Sajjada as per Annexure-B, dated 4~6-1945. The deceased Syed Peer Mohammed Shah Khadri had sent letters to the Tahsildar, Chikmagalur Taluk on 20-1-1995 and 22-9-1999 informing about the nomination of the petitioner as Sajjada and similar letter was sent to the Commissioner for Religious and Charitable Endowments on 21-10-1999, at Bangalore regarding his nomination as Sajjada which are at Annexures-C, D and E. The petitioner is officiating as Sajjada from the date of death of his father.

4. According to the petitioner, on 29-11-2000, Annexure-F, he received a letter to the effect that he was nominated as a Member of the Executive Committee of Guru Dattatreya Swamy Bababudan Dargha and also the proceedings of the Government wherein he was recognised as a Shah Khadri and not as Sajjada and that he has to perform religious rituals and the management and administration is taken over by the Muzrai Department and that Urs and Datta Jayanthi will be performed by the Committee appointed by the Muzrai Department. The said order has been passed as per the provisions of Chapter VIII, Rule 1 of the Mysore Muzrai Manual. The said Manual has no statutory powers under which Annexure-F was passed. The manual is only an instruction by the then Government of the Maharaja of Mysore in the form of administrative instructions. The Mysore Religious and Charitable Institutions Act of 1927 came into force on 1-4-1927 whereas as per Rule 11 of the Mysore Muzrai Manual, the rules were issued on 11th February, 1852 by the then Commissioner for Management of the affairs of the Devasthanams and Chatrams. The Committee can be appointed