Incomplete Facts and Ongoing Litigation Lead to Re-evaluation of 2010 Circular on Archakas' Overseas Travel
In a significant development, the Andhra Pradesh High Court has remanded a case concerning the applicability of a 2010 circular on temple archakas to the Single Bench for fresh consideration. The Division Bench, comprising Chief Justice Lisa Gill and Justice Ninala Jayasurya, highlighted that crucial facts and ongoing litigation were not disclosed to the Single Bench, rendering the previous order unsustainable.
The case originated from a writ petition filed by D. S. S. S. Subrahmanyam Somayaji, challenging the inaction of the Endowments Department in implementing a circular dated November 10, 2010, and a Pramanika issued by the Jagadguru Shankaracharya of Sringeri Sharada Peetham. The circular restricts archakas who have traveled abroad from performing duties in the sanctum sanctorum of temples.
The appellant, Godavarthi Srinivasacharyulu, was not impleaded in the initial proceedings despite being materially affected. He argued that the circular should not apply to him as his travel abroad occurred before its issuance. Additionally, a writ petition challenging the circular's validity was already pending, a fact not presented to the Single Bench.
The Division Bench granted leave to appeal and set aside the Single Bench's order dated March 30, 2026. The Bench emphasized the need for a comprehensive evaluation, considering all relevant facts and pending legal challenges, and allowed the appellant to file appropriate applications to bring these facts on record.
The case underscores the importance of presenting complete and accurate information in judicial proceedings to ensure fair adjudication.
Bottom line:-
Complete facts having a material bearing on the controversy must be brought to the notice of the court to ensure a wholesome adjudication of the matter.
Statutory provision(s): Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, Section 13
