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Judgment
The petitioner is before this Court assailing the order dated 19.07.2016 passed in Case No.DVS 133/2015 by the Deputy Commissioner,
Hindu Religious and Charitable Endowments Institutions, Mandya District.
The petitioner claims to be an Archak in the Someshwara/Ishwara Devaru Temple. Attached to the said temple, the land in Sy.No.91 measuring
an extent of 3 acres 12 guntas is also existing. Since the said land was an inam land, the petitioner had filed appropriate application seeking re-
grant in view of the occupation. In that regard, the said issue is said to be pending before the Land Tribunal. Pending consideration of the same, the
petitioner in order to carry on his avocation as the Archak seeks to have a residential accommodation near the temple. In that regard, the petitioner
seeks to rely on the Circular/Communication dated 03.08.2012 issued by the Commissioner for Hindu Religious and Charitable Endowments
Institutions to the Deputy Commissioner which provides that the residential accommodation of the Archaks is to be arranged close to the Temple.
Accordingly, the petitioner contends that the correspondence were exchanged between the Tahsildar and the Zilla Panchayath with regard to
construction and the estimate towards such construction at Rs.6,36,000/- was also made. In that background, the petitioner contends that the
petitioner was accordingly putting up the construction in the land which is adjacent to the Temple. At that stage, respondents No.4, 5 and 6 with a
mala fide intention have initiated proceedings before the Deputy Commissioner in No.DVS 133/2015. In the said proceedings through the order
dated 19.07.2016, the Deputy Commissioner has directed the Tahsildar to take steps as per law to protect the Government land. Therefore, the
Tahsildar is said to have issued a notice dated 30.02.2017 to the petitioner calling upon him to vacate from the land. It is in that light, the petitioner
claiming to be aggrieved is before this Court.
As noticed, the issues relating to the petitioner being in possession of the said land and as to whether the petitioner is entitled to continue in the
said land so as to have his residential accommodation close to the Temple are all factual aspects which would require consideration in the
proceedings which was filed before the Deputy Commissioner in No.DVS 133/2015. However, a perusal of the proceedings as at Annexure-Q
would indicate that a detailed consideration in this regard has not been made. The order passed on the earlier date of hearing in the said
proceeding would disclose that a report had been sought from the Tahsildar and the same was awaited.
In the said proceedings on 19.07.2016, it is recorded that the report by the Tahsildar has been submitted and on taking note of the same, the
Deputy Commissioner has ordered that the land is required to be protected. The said proceedings on 19.07.2016 would disclose that no
opportunity whatsoever had been granted to the petitioner, if in fact the report submitted by the Tahsildar was against the interest of the petitioner.
In that view, the order dated 19.07.2016 is not sustainable. The same is accordingly quashed. The proceedings in No.DVS 133/2015 is restored
to the file of the Deputy Commissioner.
The Deputy Commissioner shall now provide opportunity to the petitioner to put forth the contention in that regard. Thereafter the Deputy
Commissioner to take note of the document as relied on by the petitioner claiming right to remain in possession in the said portion of the property
since he has to serve the Temple as an Archak. On taking note of all these aspects, the Deputy Commissioner shall pass fresh orders in
accordance with law assigning reasons for the conclusion one way or the other in accordance with law. Until such consideration is made, the
status-quo existing as on today shall continue. The Deputy Commissioner shall issue notice to all the parties and thereafter arrive at a conclusion in
accordance with law.
The petition is accordingly disposed of.