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2006 DIGILAW 114 (KAR)

Srinivasamurthy v. Revenue Secretary, Govt. of Karnataka

2006-01-27

K.RAMANNA

body2006
ORDER 1. This writ petition is filed by the petitioner challenging the order dated 12-7-2000 in case No. DBS CR 176/99-2000 at Annexure —C—issued by the 3rd respondent/the Tahsildar, Nagamangala. 2. The petitioner herein submits that his ancestors were performing pooja of Hanu-mantha Devaru/Anjaneya Swamy at Hiduva village, Devarapura Hobli, Nagamangala Taluk, Mandya Dist. and after the death of the ancestors, the petitioner is performing pooja of the said temple and to an extent of 10 Acres 20 Guntas of the land of various survey numbers of Hiduva village has been dedicated to the Anjaneya Swamy Devaru after introducing the Mysore Religious and Charitable Inams Abolition Act, 1955, all the lands were vested with the Government. He being a permanent Archak is responsible for maintenance of the temple, for which with the meagre amount of tasdik allowance it is difficult for him to maintain the temple and also the land. Initially, The Commissioner for Religious and Charitable Endowment, Bangalore, granted a sum of 6,158/- vide order No. 244:86-87 dated 28-11-1986. Again after holding enquiry, the Tahsildar, Nagamangala, fixed a sum of Rs. 10,150/- p.a. on 12-7-2000 vide Order No. DBS:CR/176:99-2000 at Annexure —C—. Being aggrieved by the said order for fixation of tasdik allowance, the petitioner has come up before this Court to fix the tasdik allowance at the rate of Rs. 16,368/- p.a. Hence, this writ petition. 3. Heard the learned counsel for the petitioner and the learned Addl. Govt. Advocate appearing for respondents. 4. It is contended by the learned counsel for the petitioner that the allowance granted vide order passed by the Tahsildar, Naga-mangala dated 12-7-2000 is very meagre and it is impossible to maintain the temple. Therefore, it is prayed that this matter may be allowed and the matter may be remanded back to the Tahsildar, for fresh disposal in accordance with law. 5. Learned Addl. Govt. Advocate appearing for respondents submitted that this Court has allowed the writ petitions in the similar type of cases and this matter may also be remanded for fresh enquiry. 6. It is seen that initially tasdik allowance was fixed at the rate of Rs. 6,158/- but subsequently, the petitioner herein moved the authorities concerned for revision of tasdik allowance on account of rise in price of various commodities. 6. It is seen that initially tasdik allowance was fixed at the rate of Rs. 6,158/- but subsequently, the petitioner herein moved the authorities concerned for revision of tasdik allowance on account of rise in price of various commodities. Therefore, the Tahsildar of Nagamangala fixed the tasdik allowance after taking into consideration of the average five years yield from the lands from 1965-70. But respondents 2 and 3 have no authority in fixing the tasdik allowance and completely ignored the average five years agricultural produce and thereby, resulted in injustice to the petitioner but the Tahsildar examined the yield of crops to the extent met for maintenance of the temples and preform the pooja in detail, after taking into consideration the prices fixed, the Agricultural Department revised the tasdik allowance from Rs. 6,158/- to Rs. 16,368/- and the proposal submitted to the respondent No. 2/Deputy Commissioner that the petitioner is entitled to get the balance of tasdik allowance of Rs. 10,150/- per year and the petitioner has produced Annexure C which was forwarded to the Tahsildar by a letter dated 12-7-2000. But the Deputy Commissioner, Mandya has not at all taken any action on the proposal sent by the respondent No.3. Therefore, the petitioner herein has come up with this writ petition seeking order of mandamus to direct the respondent No.2 to fix the revision of tasdik allowance at the rate of Rs. 16,368/- P. A. No doubt that the petitioner, who is an Archak of Sri Anjaneyaswamy Temple at Hiduva village is having land to an extent of 10 Acres 20 Guntas and the Tahsildar has taken an average income for the five years and calculated that the petitioner is entitled to Rs. 16,368/- p.a. towards tasdik allowance. So, after deducting the tasdik allowance already fixed at the rate of Rs. 6,150/- as per the calculations of Tahsildar, the petitioner is entitled to balance allowance of Rs. 10,150/- p.m. The petitioner has rightly approached this Court since no action has been taken by the Deputy Commissioner. 7. Accordingly, the writ petition is allowed. The 2nd respondent/Deputy Commissioner, Mandya Dist., Mandya, is directed to dispose of the proposal submitted by the 3rd respondent for fixation of tasdik allowance of Rs. 16,368/- as per Annexure C in accordance with law. 8. Petition allowed.