THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.19247 OF 2002 O R D E R : This writ petition is filed for the following relief: “to issue order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent as void, illegal, and violation of the Supreme Court Judgment in W.P.(C) No.696/1987 and consequently to direct the respondent not to dispossess the petitioner from temple quarter and not to interfere in daily performance of Hereditary Archakatvam and not to dispossess from temple lands in Sy.Nos.909/10, 58/1 and 72/2 Cherbrolu village and Mandal, Guntur District” It has been pleaded by the writ petitioner that she is the wife of one late Paniharam Tarani, who was the hereditary Archaka (poojari) of Sri Adikeshava, Sri Anjaneya, Sri Rajyalakshmi and Sri Venugopala Swamy temples at Chebrolu Village and Mandal, Guntur District. The petitioner’s husband and his ancestors have been archakas of temples over many generations and after the demise of her husband, she has been conducting various rituals as per customs and as a matter of fact for the past six years her elder son Sri Paniharam Sreedhar has been conducting poojas and various rituals. She further claims that her son had left lucrative job on account of their attachment to the temple and performing various rituals. She further claims that in terms of judgment of the Hon’ble Supreme Court in W.P. (C) No.696/1987 they are entitled to continue in the Archakatvam. Sri.P.Rajeswara Rao, S/o. Sri P.Subba Rao, the Executive Officer of the said temples filed counter on behalf of the respondent. The fact of petitioner’s family carrying of archakatvam over decades has not been denied and the same is in fact admitted. The learned counsel for the respondent, on instructions, had also submitted that Sri Sreedhar, the petitioner’s elder son has been carrying on the pooja and attending to various rituals for the past six years. The learned counsel for the respondent would also submit that the petitioner’s family have no right over the properties of the temple and they cannot claim any right over the same. The petitioner’s counsel would also fairly submit that they are not claiming any right over the properties of the temple but stated that by custom a part of the income is being given to the archakas in lieu of the salary. As a matter of fact, the temples in issue are notified under section 6-C of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 (Act No.30 of 1987) and they have been exempted from the purview of Section 144 of the Act. In view of the same, there cannot be any impediment for the petitioner to enjoy the benefits, which are permissible under the statute. In the facts and circumstances of the case and considering the fact that there being no adverse remarks against the petitioner’s family and considering the fact that the petitioner’s son has already been carrying on the Poojas and attending to the daily rituals of the temple and as there being no objection from the temple authorities, I deem it appropriate to allow the writ petition directing the respondents to continue the petitioner’s family services of Archkatvam . Accordingly, the writ petition is allowed. No costs. As a sequel of disposal of the writ petition, miscellaneous petitions pending, if any, shall stand closed. ----------------------------------- - CHALLA KODANDA RAM, J Dt.26.07.2013. BV THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.19247 OF 2002 Date: 26.07.2013 BV