For claiming the post of heredity archak, the line of succession should be on the paternal side and not on the maternal side: Karnataka High Court

For claiming the post of heredity archak, the line of succession should be on the paternal side and not on the maternal side: Karnataka High Court

In order to claim hereditary archakship Hon’ble High Court of Karnataka held that it would be necessary that not only father of the petitioners, but also their grandfather and great grandfather should have performed the role of archaks in Sri Mahabaleshwaraswamy Temple.

BRIEF FACTS OF THE CASE

The issue of dispute is related with the archakship of Sri Mahabaleshwaraswamy Temple at K.R. Puram, Bangalore East Taluk. The petitioners M.S. Ravi Dixit and M.S. Venkatesh Dixit are the sons of M.N. Subramanya Dixit. Firstly petitioners made representations to be appointed as archaks as per the heredity right.

Further M.S. Venkatesh filed the writ petition for seeking direction to decide the representation. Hon’ble Court while granting an order for the disposal of representation held that the petitioner, his two brothers and if there is any other person who may be interested in the archakship must be heard.

Further the Hon’ble High Court find out there isn’t any document in support for proving that petitioner’s three generations and their ancestors had been discharging the functions of archakship. It was the father of petitioners and before him, his father-in-law (petitioner’s maternal grandfather) was the archakship of the temple.

CONTENTION OF PETITIONERS

Learned Senior Counsel for the petitioners submitted that the petitioners did not get the proper opportunity to prove their hereditary right of archakship.

CONTENTION OF THE STATE

Learned Additional Government Advocate while supporting the impugned order stated that during the pendency of the writ petition the Temple had called for the application for appointing archaks and required actions would have been already taken.

HON’BLE COURT OBSERVATIONS

The Hon’ble Court while making observation held that

7. “………….the Commissioner for Religious and Endowment Department had refused to accept their request on the ground that it had not been established that they were hereditary archaks. It is not in dispute that in order to claim hereditary archakship, it would be necessary that not only father of the petitioners, but also their grandfather and great grandfather should have performed the role of archaks in Sri Mahabaleshwaraswamy Temple and merely because the father of the petitioners had performed the role of archak in the year 1979, the petitioners cannot claim to be hereditary archaks.”

Further dismissing the writ petition Hon’ble Court held that,

“In the light of the fact that the petitioners are claiming the right of archakship by virtue of their maternal grandfather being the archak, it is obvious that they cannot claim that archakship was hereditary. In order to claim the post of  hereditary archak, the line of succession should be on the paternal side and not on the maternal side. Therefore, there is no merit in the writ petitions and the same are accordingly dismissed.”

CASE TITLE: M.S. Ravi Dixit & ors vs State of Karnataka & ors

W.P.No.54745/2016 (GM-R/C)

C/W

W.P.No.48392/2016 (GM-R/C)

IN W.P.No.54745/2016:

 ORDER DATE: 2nd May, 2023