L.V.S. Badrinath Babu, vs The State Of A.P.,
2022 Latest Caselaw 4736 AP

         HON'BLE DR. JUSTICE K. MANMADHA RAO

                  WRIT PETITION No.9998 of 2021
ORDER :

This petition is filed under Article 226 of the Constitution

of India for the following relief:-

"...to issue a writ order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in rejecting to allot duties to perform the Alankarana decoration of Kanaka Durga Ammavaru at Sri Durga Malleswara Swamy Varla Devasthanam Indra Keeladri, Vijayawada, Krishna District by Proc Rc.NoA3/2332/2019, dated 15.03.2021 as highly arbitrary, illegal, unreasonable not following the Customary Practice of the rituals more particularly the entrustment of Alankaran and contrary to the provisions of the A P Charitable and Hindu Religious Institutions and Endowments Act, 1987 and accordingly set aside the 3rd respondent Proc.Rc. No.A3/2332/2019, dated 15.03.2021 consequentially direct the respondents 1 to 3 to allot duties to the petitioner to perform the Alankarana decoration of Kanaka Durga Ammavaru at Sri Durga Malleswara Swamy Varla Devasthanam Indra Keeladri, Vijayawada, Krishna District, and pass such other order or orders......."

2. The brief facts of the case are that the petitioner's

family are performing as Pradhana Archaka in Sri Durga

Malleswara Swamy Varla Devastanam, Indra Keeladri,

Vijayawada for the last more than two centuries. The

petitioner herein has fully qualified to function as Archaka and

Pradhana Archaka as per the qualifications prescribed under

the provisions of A.P. Act 30 of 1987 and rules made

thereunder. He had the qualifications in i) Archaka Pravesa,

(ii) Vara and (iii) Pravara and he also holds a Yogyatha Patra

given by this holiness Kanchi Kamakoti Peetadhipathi.

It is further stated that the petitioner was performing the

duty of Alankarana to the Deity of Ammavaru on all

occasions/festivals, such as Dasara Nava Raatrulu, during

Ashada Masam, Alankarana of Deity Ammavaru as

Shakambari, during Sravan masam as Varalakshmi, during

Maga masam, Vijayeebava Saraswathi, Alankarana, apart from

Nitya Alankarana and Gajula (Bangles) Alankarana, during

Deepavali Jewelery Alankarana of Deity Ammavaru as Lakshmi

Devi is being done by the petitioner. The petitioner is also

looking after the Poorna Kumba Swagatham of VIPs and

Archakaseva nitya Archana and also general temples

supervision. The petitioner's entire life is dedicated to the

temple and Ammavaru in performing poojas and other related

sevas, specially the Alankarana of Ammavaru on all occasions.

It is further stated that when the 3rd respondent has

orally informed the petitioner that the duties of decoration of

Ammavaru (Alankarana Seva) is not being allotted to the

petitioner, then he made representation dated 30.09.2019 to

continue him in this duty. The petitioner on earlier occasion

preferred WP No.11104 of 2019 before this Court seeking to

consider and dispose of his representation dated 16.7.2019

and this Court vide order dated 09.08.2019 has disposed of

directed the respondents to consider the representation of the

petitioner and pass appropriate orders within two weeks from

the date of receipt of a copy of the order. However, the

respondents issued the impugned orders dated 15.03.2021.

Questioning the same, the present writ petition is filed.

3. Counter affidavit is filed by the 3rd respondent

denying all the allegations made in the petition and contended

that the fact remains undisputed that the then Executive

Officer by proceedings dated 6.2.2019 has allotted duties of

Alankarana Seva to Ammavaru to the 4th respondent in the

present W.P., in deference to the decision taken at the hands of

administrative wing of Vedic Pandits and ever since

Alankarana Seva has been entrusted to the 5th respondent, he

continues to discharge the said duties to the extreme

satisfaction of officials and Alankarana Seva done by 4th

respondent has received acclamation by the devotees and the

services of the 5th respondent has been continued in honour of

the decision taken by Vedic Pandits. It is also stated that the

petitioner has submitted the representation straightaway to the

Government and the Commissioner arrayed as 1st and 2nd

respondent in the said W.P., in the sense, no representation

would be said to have remained pending consideration by the

Respondent Devasthanam in terms of the said order. It is

further stated that it is well settled law that no writ of

mandamus can be issued in the absence of there being

infringement of fundamental right or depriving of any legal

right if any held by the person aggrieved and stated that viewed

from any the present writ is devoid of merits and prayed to

dismiss the same.

4. Additional counter affidavit is also field by the 3rd

respondent while reiterating the contents made in the counter

inter alia contended that consequent upon News item appeared

with a caption "Ammavariki Ardharathi Poojalaa" in Andhra

Prabha daily on 27.12.2017, besides, Electronic Media widely

did telecast the said news item and taken into account the

possibility of hurting the sentiments of devotees of Goddess

Durga throughout state, the respondent Devasthanam had

appointed an enquiry officer by name K. Venkateswara Raju to

probe into allegations as to whether Tantrika Poojas were

performed in midnight as alleged in the news paper and the

said enquiry was contemplated to unearth the facts and it shall

stand construed as a fact finding enquiry and it was concluded

that the said news item published in Print Media and

Electronic Media re baseless and deserves no consideration. It

is further stated that the respondent Devasthanam has

appointed an enquiry officer by name S.Achyutha Ramaiah by

proceedings dated 12.7.2018 on the explanation of the

petitioner dated 5.7.2018 to conduct enquiry into the charges

framed against him. But the said enquiry officer has not

completed enquiry proceedings and on attainment of

superannuation he retired from service on 31.12.2018. It is

further stated that the respondent Devasthanam has again

appointed an enquiry officer by name Sri B.V Reddy, Asst.

Executive Officer vide Rc.No.A1-4485-2017 dated 24.12.2021

to conduct enquiry into the charges framed against the

petitioner and enquiry report is pending consideration. Hence,

prayed to dismiss the writ petition.

5. Reply affidavit is filed by the petitioner while

reiterating the contents made in the petition, denied all the

allegations made in the counter and additional counter

affidavits s filed by the respondents. It is stated that it was not

submitted by the petitioner that the 4th respondent is not well

acquainted with the Alankara Seva. It is stated that the

petitioner is more experienced than him as he was discharging

this Alankara Seva from 1998 since the impugned order says

that the 4th respondent is expert, and hence the number of

years will count the experience in Alankara Seva and not

seniority in the appointment. However, it was admitted by the

4th respondent that since three years only he was performing

Alankara Seva. It is further stated that the 4th respondent has

become the spokesman of the devotees and the institution, and

submits as if he was told by the devotees that there is chance

of brining disrupt and hurting the sentiments of the devotees,

if the petitioner is allowed Alankara Seva again, forgetting the

fact that all these wild allegations of the 4th respondent are

baseless.

6. Heard Mr. K. R. Srinivas, learned counsel appearing

for the petitioner and learned Mr. K. Madhava Reddy, learned

Standing Counsel appearing for the respondents.

7. On hearing, this Court observed that the petitioner is

fully qualified to function as Archaka and Pradhana Archaka

as per the qualifications prescribed under the provisions of

A.P. Act 30 of 1987 and rules made there under. It is also

noted that the petitioner was joined as Vamasa Prama Parya

Pradhana Archaka on 01.01.1980 and continued upto 1996. It

is also to be noted that the Andhra Pradesh Charitable and

Hindu Religious Institutions and Endowments Act, 1987came

into force with effect from 28.05.1987. As per Section 34 of 30

of 1987, the hereditary rights of Archakas were abolished. The

Hon'ble Supreme Court of India has upheld the provisions of

Act 30 of 1987 and however directed that the Archakas who

are continuing as on date of enactment shall continue to hold

the office of Archaka. Therefore, as the petitioner was fully

qualified and eligible as Archaka, he was continuing from the

date of the enactment of the Act and also as on the date of

judgment of the Hon'ble Supreme Court, the petitioner was

allowed to continue as Archaka of the temple.

8. It is also an admitted fact that the petitioner has also

completed 37 years of service as Archaka, Upa-Pradhana

Archaka and as Pradhana Archaka. It is also elicited from the

material available on record that the petitioner was performing

the Alankarana to the Ammnavaru and he has also got a title

as "Alankara Kala Samrat". Therefore, it seems that the

petitioner was totally immerse himself into the service of deity

ammavaru and being the Pradhana Archaka hailing from

hereditary Pradhana Archaka family and hence, the petitioner

is entitled for the claim as sought for.

9. Having regard to the facts and circumstances of the

case and in view of the foregoing discussion, this Court deems

fit to allow the writ petition while setting aside the impugned

order dated 15.03.2021.

10. Accordingly, the Writ Petition is allowed setting aside

the proceedings in Rc.No.A3/2332/2019 dated 15.03.2021

issued by the 3rd respondent. Further, the respondents No.1 to

3 are directed to allot duties to the petitioner to perform the

Alankarana (decoration) of Kanaka Durga Ammavaru at Sri

Durga Malleswara Swamy Varla Devasthanam, Indra Keeladri,

Vijayawada, Krishna District, from the date of receipt of a copy

of this order. There shall be no order as to costs.

As a sequel, interlocutory applications, if any pending,

shall stand closed.

______________________________ DR. K. MANMADHA RAO, J.

Date : 29-07-2022 Gvl

HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.9998 of 2021

Date : 29.07.2022

Gvl