Karnataka High Court
Shri Uttaradi Mutt vs The State Of Karnataka on 5 July, 2023
Bench: Pradeep Singh Yerur
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 103982 OF 2023 (GM-RES)
C/W
WRIT PETITION NO. 103994 OF 2023
IN WP.NO.103982/2023
BETWEEN:
SHRI UTTARADI MUTT,
REPRESENTED BY ITS HOLY PONTIFF,
SHRI SHRI 1008 SHRI SATYATMA TIRTHA SWAMIJI,
THROUGH HIS GPA HOLDER,
R/O. SHRI UTTARADI MUTT, BASAVANAGUDI,
BENGALURU-560021,
REPRESENTED BY GPA,
ROHAN VEEDYDHEESHACHAR R.GUTTAL,
HADIMANI
T AGE: 47 YEARS.
High Court
of
...PETITIONER
Karnataka,
Dharwad
(BY SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL, AND SRI
AMEET KUMAR DESHPANDE, SENIOR COUNSEL FOR SRI
SATISH S. RAICHUR, SRI BHUSHAN B. KULKARNI AND SRI
ANAND BAGEWADI, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF HOME,
VIDHANA SOUDHA, BENGALURU-560001.
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2. THE DEPUTY COMMISSIONER,
KOPPAL, DISTRICT: KOPPAL-583231.
3. THE ASSISTANT COMMISSIONER,
DISTRICT: KOPPAL-583231.
4. THE TAHSILDAR,
ANEGUNDI,
TALUKA GANGAVATHI,
DISTRICT: KOPPAL-583231.
5. SHRI NANJANGUDA RAGHAVENDRA
SWAMY MUTT,
THROUGH ITS PONTIFF,
MANTRALAYHA, KURNOOL DISTRICT,
ANDRA PRADESH STATE -5180001.
...RESPONDENTS
(BY SRI PRASHAT V. MOGALI, HCGP FOR RESPONDENT NOS.1
TO 4; SRI S.P. SHANKAR, SENIOR COUNSEL FOR SRI
PHANIRAJ KASHYAP, ADVOCATES FOR RESPONDENT NO.5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER PASSED BY THE RESPONDENT NO.4 DATED
27-06-2023, IN FILE NO.SAM/KAM/MAG:101:2023-24, IN SO
FAR AS THE REJECTION OF THE APPLICATION FILED BY THE
PETITIONER REQUESTING TO DEPUTE SUFFICIENT POLICE
PERSONNEL DURING THE CELEBRATION OF "SRI RAGHUVARYA
TEERTHARA MAHIMOTSAVA" FROM 04-07-2023 TO 10-07-2023
AT THE HOLY MOOLA BRINDAVANA OF SRI RAGHUVARYA
TEERTHA, SITUATED IN THE ISLAND NAMED "NAVA
BRINDAVANA GADDE", BEARING SY.NO.192 OF ANEGUNDI,
TQ: GANGAVATI, DIST: KOPPAL, THE ORIGINAL ORDER BEING
AT ANNEXURE-A; CONSEQUENTLY, DIRECT THE RESPONDENT
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NO.2 AND 3 AUTHORITY TO ALLOW THE APPLICATION FILED
BY THE PETITIONER DATED 08-06-2023, THE COPY OF WHICH
IS AT ANNEXURE-N.
IN WP.NO.103994/2023
BETWEEN:
SRI RAGHAVENDRASWAMY MUTT,
REPRESENTED BY HIS
HOLINESS SRI SUBUDHENDRATHEERATHARU,
BY HIS POWER OF ATTORNEY,
SRI R.K. VADEENDRA,
S/O. R. KRISHANACHAR,
AGED ABOUT 51 YEARS,
SRI NANJANGUDRAGHAVENDRASWAMY MUTT,
NO.524, 5TH BLOCK, 11TH MAIN,
45TH CROSS, JAYANAGAR,
BENGALURU-560041.
...PETITIONER
(BY SRI S.P. SHANKAR, SENIOR COUNSEL FOR SRI PHANIRAJ
KASHYAP, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
MINISTRY OF REVENUE,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
AMBEDKAR VIDHI,
BENGALURU-560001.
2. TAHSILDAR,
GANGAVATHI,
O/F PAMPA NAGAR, KOPPAL,
SH-130, KANAKAGIRI GANGAVATHI,
MUNIRABAD ROAD, GANGAVATHI TALUK,
KOPPAL DISTRICT-583227.
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3. SUPERINTENDENT OF POLICE,
BT PATIL NAGAR, ASHOK CIRCLE,
KOPPAL-583231.
4. SRI UTTARADI MUTT,
REPRESENTED BY ITS PEETADHIPATHI,
SRI SATYATMATEERTHASWAMIJI,
UTTARADI MUTT, BASVANGUDI,
NEAR NATIONAL COLLEGE, BENGALURU-560085.
...RESPONDENTS
(BY SRI PRASHANT V.MOGALI, HCGP FOR RESPONDENT NOS. 1
TO 3; SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL AND SRI
AMEET KUMAR DESHPANDE, SENIOR COUNSEL FOR
RESPONDENT NO.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
APPROPRIATE WRIT BY QUASHING THE ORDER BEARING NO.
KOM.MAG:101:2023-24 DATED 27-06-2023 OF SECOND
RESPONDENT WHICH IS PRODUCED AT ANNEXURE-A; DIRECT
RESPONDENT NO.1 TO 3 TO PROVIDE POLICE PROTECTION
DURING ARADHANA OF SRI JYATEERTHARU WHICH IS
SCHEDULED TO TAKE PLACE ON 6TH JULY 2023, 7TH JULY 2023
AND 8TH JULY 2023.
THESE PETITIONS, COMING ON FOR DICTATION, THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard learned Senior counsel Shri S.P.Shankar on
behalf of learned counsel Shri Phaniraj Kashyap, learned
Senior counsel Shri Jayakumar S. Patil, and learned Senior
counsel Shri Ameetkumar Deshpande on behalf of learned
counsel Sri Satish S. Raichur for the petitioners in both
these matters i.e., on behalf of Shri Raghavendra Swami
Mutt and Shri Uttaradi Mutt, respectively.
2. These two petitions are filed by petitioners
challenging the order passed by the Tahasildar dated
27.06.2023, wherein the Tahasildar has rejected the
applications of both petitioners, namely two factions i.e.,
Shri Raghavendra Swami Mutt and Shri Uttaradi Mutt, who
sought police protection for performing Aradhana of
Shri Jayateertharu from 06.07.2023 to 08.07.2023 at
Navabrindavana Gaddi and a similar application made by
Uttaradi Mutt for celebrating of Raghuvarya Theerthara
Mahimotsava for the dates from 04.07.2023 to 10.07.2023
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at Navabrindavana Gaddi in Sy.No.192 of Anegundi,
Gangavathi taluk, Koppal district.
3. It is very unfortunate to note that the great
saint Shri Madhwacharya was philosopher, theologian and
chief proponent of "Dvaita school of Vedanta" sadly his
lineage descendents are now at logger heads with each
other for performing Aradhana and to celebrate
Mahimotsava. This is the 2nd round of litigation in the past
two months. As earlier also, one of the petitioners had
approached this Court against the order of Assistant
Commissioner who had refrained from granting permission
to conduct Mahimotsava and held that there would be law
and order problem, due to which a petition came to be
filed in W.P.No.103449/2023, which came to be disposed
of by this Court on 05.06.2023 with regard to performing
religious rituals/Aradhana and Shraddha which was fixed
on 5th, 6th and 7th day of June-2023. The parties are once
again before this Court in view of rejection of request/
representation made by both petitioners for providing
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them police protection to perform Aradhana of
Shri Jayateertharu and celebrate Raghuvarya Theerthara
Mahimotsava.
4. Though these petitions are listed for orders,
with consent of learned Senior counsels for both the
parties, who are present before the Court, these petitions
are taken up for final disposal.
5. Learned Senior counsel Shri S.P.Shankar,
Shri Jayakukar S.Patil, and Shri Ameetkumar Deshpande
have vehemently argued on behalf of the respective
petitioners enlightening this Court with regard to
preaching of the great saint Shri Madhwacharya and so
also his philosophy and the succession inherited by the
followers and the Acharyas which has been conducted
from centuries and the Aradhana performed in
Navabrindavana Gaddi and the religious belief and the
faith in conducting and performing this Aradhana and
Mahimotsava in the Navabrindavana Gaddi.
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6. It is the contention of learned Senior counsel
Shri S.P.Sankar appearing on behalf of Shri Raghavendra
Swamy Mutt that, the Raghavendra Swamy Mutt is a holy
Moola Maha Samsthana established by Shri Madhwacharya
amongst other Mutts established by him and follows
traditions established by Shri Madhwacharyaru as per the
customs and traditions of Madhwa parampara. That the
performance of Aradhana of a saint is a bounden religious
duty of the petitioner's Mutt pontiff. He also contends that
Navabrindavana Gaddi is a tiny Island formed in
Tungabhadra river in Anegundi village which is also called
as Gajagahwara in Sanskrit, Gangavathi Taluka, Koppal
District. He also contends that there are 9 holy saints of
Madhwa Parampara. Hence, it is called Navabrindavana
consisting of 9 Brindavanas. He also contends that out of 9
Brindavanas, Shri HH Padmanabha Theertharu, Shri HH
Kavindra Theertharu and Shri HH Vageesha Theertharu are
the subject matter of dispute between petitioners which is
pending adjudication in RSA No.100446/2015 before the
coordinate bench of this Court.
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7. According to the learned Senior counsel Shri
S.P.Shankar, along with above said 3 Brindavanas
amongst 9 Brindavanas, one of the Brindavanas is that of
Shri HH Jayateertharu which is contended by petitioner in
the other petition to be belonging to Shri Raghuvarya
Teertharu. Learned Senior counsel contends that the
annual Aradhana of Shri HH Jaya Teertharu falls on
Ashada Krishna Panchami which falls on 06th, 07th and 8th
July, 2023. That the Aradhana of Jayateertharu has been
performed at Navbrindavana Gaddi from time immemorial
by Raghavendra Swamy Mutt and for sometimes by the
disciples of Raghavendra Swamy Mutt. He relies on several
newspaper cuttings to show that such Aradhanas have
been performed by the Raghavendra Swamy Mutt and its
disciples at Navabrindavana Gaddi. In view of the fact that
Moola Brindavana of Shri Jayateertharu is located in the
Navabrindavana Gaddi at Anegundi, the petitioner/
Raghavendra Swamy Mutt made an application to the
Deputy Commissioner, Assistant Commissioner and to the
Tahasildar which was eventually forwarded to the
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Tahasildar to take the decision. The Tahasildar passed an
order rejecting the police protection sought by the
petitioner/Raghavendra Swamy Mutt vide order dated
27.06.2023. Aggrieved by which, both petitioners are
before this Court challenging the very same endorsement
issued by the Tahasildar.
8. In the other petition instituted by Uttaradi Mutt,
petitioner made a similar application to the respondent
authorities namely Deputy Commissioner, Assistant
Commissioner and the Tahasildar for celebration of Shri
Raghuvarya Teerthara Mahimotsava from 04.07.2023 to
10.07.2023 at the holy Moola Brindavana of Shri
Raguvarya Teertha situated at island namely
Navabrindavana Gaddi bearing Sy.No.192 of Anegundi,
taluka Gangavathi, Dist: Koppal. It is the contention of
learned Senior counsel Shri Jayakumar S.Patil and Shri
Ameetkumar Deshpande that the petitioner Mutt (Uttaradi
Mutt) is the main pontifical mutt in the lineage of the
Great saint Shri Madhvacharya and involved in preaching
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the philosophy of Shri Madhvacharya and that he had
entered into the holy Brindavana of 9 previous Gurus of
Madhwa philosophy. That the holy Brindavana of Shri
Raghuvarya Teertharu belonging to Uttaradi Mutt is
existing in the said Island.
9. It is also contended that the petitioners in these
two petitions have a history of litigation dating back to the
year 1959-1960 wherein, the petitioner's Mutt (Uttaradi
Mutt) claims to be the owner of the land which is Island in
Tungabhadra river named as Navabrindavana Gaddi in
Sy.No.192 of Anegundi, Gangavati taluka, Koppal District.
It is contended by learned Senior counsel that Raghuvarya
Teertharu is one of the predecessor Peethadipati/pontiff
and Guru of the petitioner's Mutt attained the state of
eternal peace and entered Brindavana in the said Island
which is of reverence to thousands of devotees of the
petitioner's Mutt (Uttaradi Mutt). It is also contended that
petitioner mutt is the absolute owner and in exclusive
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possession of the Island surrounded by four sides of the
river Tungabhadra.
10. Learned Senior counsel further contended that
9 Brindavanas, i.e., 1) Padmanabha Thirtha, 2) Kavindra
Thirtha, 3) Vagisha Thirtha, 4) Raghuvarya Thirtha, 5)
Shudhindra Thirtha, 6) Vyasarayaru (Vysararaj Tirtha), 7)
Srinivas Thirtha, 8) Rama Thirtha (Ramachandra Thirtha)
and 9) Govindawadiyaru, are located in the Island of
Sy.No.192 of Anegundi village. It is also contended that
Shri Raghuvarya Teertharu is solely belongs to Uttaradi
Mutt. It is further contended that petitioner's Mutt
(Uttaradi Mutt) being in exclusive possession and
ownership of the Island bearing Sy.No.192 of
Navabrindavana Gaddi of Anegundi village has been
performing the various religious ceremonies since several
centuries through the previous peethadhipati/pontiff. The
annual Aradhana of Shri Raghuvarya Teertharu is also
performed at the sanctum of Moola Brindavana of Shri
Raghuvarya Teertha at Navabrindavana Gaddi Island
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bearing Sy.No.192 as stated above and this celebration
has been performed every year in the name of Shri
Raghuvarya Teerthara Mahimotsava in the week covering
the Thithi "Aashaadha Bahula Panchami" which in the
present year falls between the 4th July to 10th July-2023.
Hence, petitioners made an application to respondent
authorities to provide sufficient police protection to be
deputed at the Island bearing Sy.no.192 of
Navabrindavana Gaddi at Anegundi during the celebration
of Shri Raghuvarya Teerthara Mahimotsava at the Moola
Brindavana of Raguvarya Teertharu for the period from
04.07.2023 to 10.07.2023.
11. The application made by the petitioner Mutt
(Uttaradi Mutt) did not find favour to the petitioner as
another application came to be filed by the petitioner's in
the other petitions namely Raghavendra Swamy Mutt
which also sought for similar prayer to perform Aradhana
of Shri Jayateertharu for the period from 06.07.2023 to
08.07.2023 at Nava Brindavana Gaddi at Anegundi village
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of Gangavathi taluk, Koppal district. The application filed
by the petitioners in these two petitions came to be
rejected by the Tahasildar on 27.06.2023 which is subject
matter of these petitions.
12. It is vehemently contended by learned Senior
counsel Shri S.P.Shankar that the impugned order passed
by the Tahasildar is arbitrary, illegal and contrary to the
material placed on record. He further contends that
Aradhana which is sought to be performed by
Raghavendra Swamy Mutt is a sacred ritual Aradhana
which is an essential religious practice and therefore, the
religious faith, belief and practices are fundamental right
and the constitutional right as provided under Article 25 of
the Constitution of India and the same requires to be
appreciated and granted in view of the religious faith and
belief of several devotees and followers of
Shri Jayateertharu of the Raghavendra Swamy Mutt. He
also contends that the said Aradhana is being performed
from several years rather decades by the Raghavendra
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Swamy Mutt in the same place at the Navabrindavana
Gaddi. Hence, they should be permitted to perform sacred
ritual of Aradhana of Shri Jayateertharu for the period
from 06.07.2023 to 08.07.2023.
13. Learned Senior counsel contends that the
Tahasildar has not applied his mind while rejecting the
application filed by the petitioner Raghavendra Swamy
Mutt and has mechanically rejected the application under
the pretext that there would be a law and order situation
and that there is likely chances of mutual clashes between
the persons of both Mutt's resulting in breach of peace,
law and order. The said endorsement has been given by
the Tahasildar based on the report submitted by the Circle
Inspector, Rural Police Station, Gangavathi and based on
the said report of the Circle Inspector of the police station,
the Tahasildar has rejected the applications of both the
Mutts namely Raghavendra Swamy Mutt and Uttaradi Mutt
to perform or conduct respective Aradhana and
celebrations during the said period.
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14. Learned Senior counsel further contends that
the practice of religious faiths by the parties/citizens of
India is a constitutional right provided under Article 25 of
the Constitution of India. Therefore, he contends that
rejection of the application by the Tahasildar to conduct
religious rituals, Aradhanas by the petitioner's Mutt i.e.,
Raghavendra Swamy Mutt for the period from 06.07.2023
to 08.07.2023 is arbitrary and the same is without proper
application of mind. Therefore, the said order requires to
be set-aside and the petitioner deserves to be permitted to
perform religious ceremonies inconsonance to the religious
belief, religious faith in a peaceful manner at Moola
Brindavana i.e., Navabrindavana Gaddi to perform
Aradhana of Shri Jayateertharu.
15. Learned Senior counsel further contends that he
does not have any objections that the petitioners in the
other petition namely Uttaradi Mutt in celebrating Shri
Raghuvarya teerthara Mahimotsava on 04, 05, 09th and
10th. They are at liberty to participate in the Aradhana
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which is sought to be performed by the
petitioner/Raghavendra Swamy Mutt on 6th, 7th and 8th
July, 2023.
16. Learned Senior counsel to canvass his
argument relies on the judgment of Hon'ble Apex Court in
the case of S.R.Bommai and Ors Vs Union of India
(UOI) and Ors reported in (1994) 3 Supreme Court
Cases 1 to enlighten this Court with regard to Article
25(1) of the Constitution of India which protects freedom
of conscience and the right to freely profess, practise and
propagate religion. Learned Senior counsel further
contends that practicing of religious faith with regard to
performance of Aradhanas and Pooja's are an essential
and integral practices of one's religion. He also contends
that petitioner has the right to freedom of conscience and
dignity and also he has right to practice the religion of his
choice and religious faiths and beliefs are personal choices.
He also contends that no doubt religious practice is subject
to control of public order peace, tranquility, morality and
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subject to other secular activities. In the present case, he
contends that the petitioner/Raghavendra Swamy Mutt
have been conducting Aradhanas for several decades and
they would do so maintaining the peace, tranquility and
public order of morality and in view of the fact that there
is rival claim made by other petitioners namely Uttaradi
Mutt to avoid any unwarranted incidents happen occurring
with regard to any law and order situation, an application
came to be filed to the respondent authorities.
17. Respondent authorities more specifically the
Tahasildar has rejected the application of both the parties
without applying his mind on the flimsy ground of
likelihood chances of mutual clashes between the persons
of two different Mutts on the basis of the report of Circle
Inspector, Rural Police Station, Gangavathi which may
create a law and order situation.
18. Learned Senior counsel further contends that
the petitioner would be satisfied if they are given three
days time from 6th July, 2023 to 8th July, 2023 to perform
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the Aradhana of Shri Jayateertharu and other days i.e.,
4th July, 2023 to 10th July, 2023 except the days
designated by the petitioner to be given to Shri Uttaradi
Mutt to celebrate Shri Raghuvarya Teerthara
Mahimotsava. An order could be passed by this Court so
that they can share few days between each other in
performing the Aradhanas and celebration of
Mahimotsava. On these grounds, he seeks to allow his
petition.
19. Per Contra, learned senior counsel Sri
Jayakumar S. Patil supported by learned senior counsel Sri
Ameet Kumar Deshpande vehemently contend that the
Shri Raghavendra Swamy Mutt do not have any right, title
or interest in the Navabrindavana Gaddi and they have
now recently started interfering with the Moola Brindavana
of Sri Raghuvarya Teertharu at Navabrindavana Gaddi only
with an intention to strategically create evidentiary
material to show their presence in the Navabrindavana
Gaddi. Learned senior counsel also contends that the
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petitioner Shri Raghavendra Swamy Mutt have admitted in
the pleadings by way of deposition on oath before the Civil
Court on the existence of Shri Raghuvarya Teertharu at
Navabrindavana Gaddi in Sy.No.192 of Anegundi belonging
to Sri Uttaradi Mutt. Under such circumstances, when they
have failed to establish the existence of Shri Jayateertharu
at Navabrindavana Gaddi and having failed in previous
attempt in establishing the existence of Shri Jayateertharu
in Navabrindavana Gaddi are deliberately trying to make
attempt to perform Aradhana of Shri Jayateertharu at
Moola Brindavana of Shri Raghuvarya Teertharu at
Navabrindavana Gaddi. Therefore, learned senior counsel
contend that the rejection of the application by the
Tahashildar of Sri Raghavendra Swamy Mutt is justified,
but however, they contend that the rejection of the
application filed by Shri Uttaradi Mutt to perform Shri
Raghuvarya Teerthara Mahimotsava for a period from 4th
July, 2023 to 10th July, 2023 is highly arbitrary and the
Tahashildar has failed to take into consideration the earlier
orders passed by this Court in Writ Petition
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No.102614/2022 and in Writ Petition No.103449/2023
(authored by me), thereby there is no application of mind
by the Tahashildar in rejecting the application of the
petitioner (Shri Uttaradi Mutt) and hence, the same is
liable to be quashed.
20. Learned senior counsel appearing on behalf of
petitioner (Shri Uttaradi Mutt) controverts the arguments
put forth by the learned senior counsel Sri S.P.Shankar to
state that the Aradhana sought to be performed by Shri
Raghavendra Swamy Mutt of Shri Jayateertharu is a recent
practice and only intended to create an inroad into the
Navabrindavana Gaddi, on the contrary Shri Jayateerthara
samadi is located at Malkhed and even according to the
petitioner/Shri Raghavendra Swamy Mutt, they have never
ever stated with regard to the existence of Shri
Jayateertharu at Navabrindavana Gaddi at earliest point of
time and so also the issue of performing Aradhana of Shri
Jayateertharu was not the subject matter till the year
2022. Hence, he contends that there is not even a shred of
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evidence to show the existence of Shri Jayateertharu at
Navabrindavana Gaddi. Under these circumstances, he
contends that the application which is rejected by the
Tahashildar pertaining to Shri Uttaradi Mutt requires to be
allowed by setting aside the endorsement issued by the
Tahashildar and consequently, the endorsement issued
against the other petitioner namely Shri Raghavendra
Swamy Mutt deserves to be sustained as the rejection is
correct and rightfully justified.
21. Heard the learned senior counsel on both sides
and the learned HCGP representing the State.
22. It is not in dispute that the parties before this
Court have a chequred history dating back to 1959-60
much water must have flown under the bridge till initiation
of petition before this Court. In this writ petition and so
also in the previous Writ Petition No.103449/2023 and
Writ Petition No.102614/2022 it is not in dispute with
regard to nine Brindavanas being present as Samadhi in
the Navabrindavana Gaddi. It is also not in dispute that
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the parties are at lis between each other in the
O.S.No.65/1959-60 and O.S.No.193/1992 which is later
transferred and re-numbered as O.S.No.74/2010 which is
now resulted to RSA.No.100446/2015 and the same is
pending adjudication before the coordinate bench of this
Court.
23. Before taking up this matter, a query was posed
to both learned senior counsels whether the matters in
dispute before this Court are the subject matter of the
original suit, now pending in R.S.A.No.100446/2015. It is
answered by the learned senior counsel that the subject
matter in this writ petition is not the subject matter of the
R.S.A. pending adjudication. On a previous occasion in the
Writ Petition No.102614/2022, which was filed by Shri
Raghavendra Swamy Mutt, an order came to be passed by
a coordinate Bench of this Court, wherein it was held that
the subject matter pending in the R.S.A. Court cannot be
agitated before this Court in the jurisdiction under Article
226 of the Constitution of India. It is also relevant to note
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that this Court in Writ Petition No.103449/2023 held that
it would not be appropriate for this Court to venture into
the rights and title or existence of Shri Raghuvarya
Teertharu or that of Shri Jayateertharu in the
Navabrindavana Gaddi, as the same would have to be
decided in the pending R.S.A. proceedings.
24. Detailed arguments have been addressed by
both sides with regard to the origin, the philosophy, the
teachings of the great saint Shri Madhvacharya, lineage,
disciples and followers and the pontiffs conducting and
performing the Aradhanas and celebration of Mahimotsava
at the Navabrindavana Gaddi.
25. I am afraid this Court cannot go into the details
of the right, title and interest of the parties to this petition
under Article 226 of the Constitution of India, as the
matter is already pending in R.S.A. proceedings. It may
also not appropriate this Court to express any opinion or
make any observations with regard to the rights of the
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petitioner-Shri Raghavendra Swamy Mutt and Shri
Uttaradi Mutt in the Navabrindavana Gaddi.
26. This Court expresses its pain and anguish with
regard to the matter being prosecuted for almost five
decades and the parties are unable to get resolved their
disputes. Though this Court made an observation in the
previous Writ Petition No.103449/2023, that this Court
hopes that both the parties to maintain public peace and
tranquility for religious rituals and Aradhana and for
maintaining religious faiths and beliefs that the same has
not borne fruit and the petitioners are before this Court
within a month being aggrieved by the order of the
Tahashildar.
27. As stated by this Court earlier, this Court does
not want to venture into the merits and demerits of the
case, which would in turn hamper the proceedings in
R.S.A., as the substantial question of law are pending
adjudication in the R.S.A. proceedings. This Court cannot,
while sitting in the writ jurisdiction Under Article 226 of the
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Constitution of India would refrain from adverting to the
disputed question of facts. Now coming to the aspect of
the order in question passed by the Tahashildar, who has
rejected the applications of the both parties namely Shri
Raghavendra Swamy Mutt and Shri Uttaradi Mutt for
performance of Aradhana of Shri Jayateertharu and
celebration of Shri Raghuvarya Teerthara Mahimotsava,
the said order deserves to be set aside as the reasons and
grounds stated by the Tahashildar in the impugned order
cannot be sustained with regard to denying permission for
conducting Aradhana or Mahimotsava would result in
breach of peace, law and order, based on the report of the
Circle Police Inspector of Rural Police Station, Gangavati
and there is likelihood of mutual clashes between the
persons of both Mutts'. I am afraid that this cannot be the
reason for rejecting the application for performance of
Aradhana and the celebration of the Mahimotsava.
28. The State being the parens patriae and the
guardian, it is duty bound to take care of the welfare of
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the citizens and is duty bound to protect the citizens and
give necessary protections as enshrined in the Constitution
of India. More so, with regard to performance of
Aradhanas or Pooja's which is religious faith, religious
belief and the religious practice, which are essential to
one's religion. However, it is made clear that this Court
has not expressed anything with regard to essential
religious practice of the petitioners as the same is left
open to be decided in the pending R.S.A or any other
proceedings initiated by the parties. In view of the above
discussions, I pass the following :
ORDER
(i) The writ petitions are allowed in part with
following directiong:
(ii) The impugned order dated 27.06.2023
passed by the Tahashildar vide Annexure- is
quashed.
(iii) The petitioners in Writ Petition
No.103982/2023 namely Shree Uttaradi Mutt
shall be entitled to celebrate Shree Raghuvarya
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Teerthara Mahimotsava from 4th July to 7th
July, 2023 (both days inclusive) at the
Navabrindavana Gaddi bearing Sy.No.192 of
Anegundi, Taluka-Gangavati, District-Koppal.
(iv) The petitioners in Writ Petition
No.103994/2023 namely Shree
Raghavendraswamy Mutt shall be entitled to
perform Aradhana of Shree Jayateertharu for a
period from 8th July to 10th July 2023 (both
days inclusive) at the Navabrindavana Gaddi
bearing Sy.No.192 of Anegundi, Taluka-
Gangavati, District-Koppal.
(v) The respondent/State shall provide
suitable Police assistance and protection for the
purpose of maintaining public peace, morality,
tranquility and would be at liberty to impose
the suitable orders to maintain the public peace
and tranquility or discipline including issuance
of an order under Section 144 of Cr.P.C during
the said period mentioned hereinabove.
(vi) It is made clear that this Court has not
touched upon the merits and demerits of the
case, existence or otherwise of either Shree
Raghuvarya Teertharu or Shri Jayateertharu in
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Navabrindavana Gaddi which is being agitated
before the RSA Court as disputed question of
fact and law are involved.
(vii) It is also made clear by virtue of this
Court granting reliefs to both parties, this order
would not in any way create a precedent for
the litigations if any arise between the parties
as the same will have to be adverted in the
RSA proceedings, wherein the larger issue
between the parties are pending consideration.
(viii) The directions issued to the
respondent/State shall be followed in stricto
sensu, without any violation and breach. Proper
protection shall be given to both parties
devotees, followers for the relevant dates
mentioned hereinabove, failing which,
authorities will face serious repercussion from
this Court.
Sd/-
JUDGE
AM/CKK
