Pogakula Laxmireddy and Others Vs. the Prinicipal Secretary to Govt. of Andhra Pradesh, Revenue Department Secretariat, Hyderabad and Others - Court Judgment

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constitution - religious values - article 25 of constitution of india and religious endowments act, 1863 - permission granted by government to excavate sacred book of holi saint from tamarind tree - saint worshiped by thousands of people - person to whom permission given stated himself as incarnation of that saint - writ petition filed against permission - order of excavation hurt religious sentimental values of many devotees - government has no jurisdiction to grant such permission - order liable to be quashed. - motor vehicles act (59 of 1988)section 149 (2): [v. gopala gowda & jawad rahim, jj] insurers entitlement to defend the action joint appeal by insured and insurer - held, the language employed in enacting sub-section (2) of section 149 appears to be plain and simple and there is no ambiguity in it. it shows that when an insurer is impleaded and has been given notice of the case, it is entitled to defend the action only on grounds enumerated in sub-section (2) of section 149 of the act, and no other grounds are available to it. the insurer is not allowed to contest the claim of the injured or heirs of the deceased on other grounds, which are available to the insured. if insurer is permitted to contest the claim on other grounds it would mean adding more grounds of contest to the insurer and will be negation of the intention of the legislature and annihilate mandate of the provisions of sections 170 and 149 of the act. the insured can pursue appeal only after giving up the insurer as the appellant and not otherwise. in the instant case, the insurer has not withdrawn from party array but has remained prosecuting the appeal with the insured on the grounds which are available only to the insured. therefore, the joint appeal as filed by the insured and the insurer is not maintainable. section 166: [v. gopala gowda & jawad rahim, jj] claim for compensation accident due to mechanical defect in the vehicle held, it is not in dispute that the claimant suffered injuries in an accident, which occurred during the course of his employment, albeit due to his negligence but law does not render him remediless. statutory right is conferred on him, accruing by virtue of his employment under insured to claim compensation under workmens compensation act. the insurer is statutorily duty bound to discharge the liability of the owner of the vehicle, to pay such compensation to the employee, as mandated under the provisions of section 149 of the act. the right of an injured employee or his dependents as the case may be to be compensated, when injury is suffered or death occurs during his employment, is recognised not only under workmens compensation act, but also under benevolent provisions under section 166 and 167 of the m.v. act. the right of driver to seek compensation is not restricted only to the workmens compensation act, it has been enlarged to enable such person to seek just compensation (sections 166 and 168), conferring upon him the right of election engrafted under section 167 of the act to choose either of the two forum. the only defence which the insurer could take is limit of its liability as enumerated under section 147 of the act, leading to contest, inter alia, only between insured and insurer and does not impact claimants right to recover the compensation determined by the tribunal which crystallizes into enforceable right against both. in the instant case, the claimant/driver has exercised right of election under section 167 of the act to seek compensation under section 166 of the act resulting in award passed by the tribunal. therefore, the insured and the insurer have no escape but to discharge the said award as directed. undisputedly, in this case as deduced for proved facts, the vehicle in question was not properly maintained by the owner and despite faulty brake system, the claimant had undertaken the hazardous journey to his peril at the behest of and at the instruction of the owner. the owner is therefore, tortfeasor. section 168: [v. gopala gowda & jawad rahim, jj] insurers limit of liability - held, it is well settled that the liability of the insurance company for payment of compensation can be statutory or contractual. is for the insurance company to show that the insurance policy was a statutory policy and not a contractual policy to restrict its liability. that issue was neither raised before the tribunal nor is raised in this appeal requiring decision. thus, if at all the insurer has any valid ground to restrict its liability, it can proceed against the insured but firstly it has to discharge the award as required under section 149 (1) of the act. where the owner/insured has failed to maintain the vehicle as per prescribed safety standards and has caused the claimant to drive the vehicle with mechanical defects, the owner would be the tortfeasor and the claimant can maintain a petition seeking compensation under the provisions of the act, instead of seeking compensation under the workmens compensation act. on facts, held, the material evidence on record, particularly, with regard to the income of the claimant, his age, medical evidence and the evidence relating to pecuniary loss has not been considered by the tribunal in the correct perspective, which has resulted in passing of the impugned award, disproportionate to the pecuniary loss and the loss of future income of the victim. the settled principles governing determination of compensation has been given a go-bye. compensation of rs.4,15,150/- awarded by the tribunal was enhanced to rs.8,20,000/-. - brahmamgan multam has also published number of books in differentlanguages describing the life history as well as the prophecies of the great person and films were also made depicting the life history of sri veera brahmendra swamy. thus, he is considered to be incarnation of god and chintamanu muttam as well as brahmamgari muttam became pilgrim centres. basing on the report of the sub-collector, nandyal, the district collector, kurnool has appears to have brought to the notice of the government and recommended to the government for unearthing kala gnanam bhandaru. as conducive to their spiritual well being, but it will not be correct to say that the religion is nothing else, but a doctrine or belief. freedom of religion under the constitution of india is not confined to religious beliefs only but it extends to religious practices as well subject to restrictions which the constitution itself had laid down. if there are pertain well-laid practices regarding the mode of worship in a hindu temple and if such ordainments are backed up by agamasand, therefore are matters connected with the religion, the courts cannot lightly ignore such deep-rooted and venerable tenets on the only ground that progressive secularism demands it. 25 is riot guaranteed in respect of one religion, only, but covers all the religions alike and it can be properly enjoyed by a person if he exercises his right in a manner commensurate with like freedom on persons followingthe other religions.order1. since common questions oflaw are involved in all the cases, they areclubbed together and disposed of under acommon order.2. writ petition no. 24502/95 has been filed by the president of chintamanu muttam development society in banumukkala, banganpalli town in kurnool district, while writ petition no. 24586/95 was filed by a.p. viswa brahmana sangam. writ petitionno. 24519/95 has been filed by the devotees of his holiness sri madhviratt potuluri. veera brahmendra swamy. in these three writ petitions, the proceedings issued by the government in memo dated 23-9-1995 per-mitting sri satguru veerabhoga vasantha rayulu to excavate the kala gnanam from the premises of chinlamanu mutt, bangana pally are assailed as illegal and violative of arts. 14, 25 and 26 of the constitution of india.3. the averments as stated in the affidavit in all the three writ petitions can be narrated succinctly. as the legend goes that about 3 to 5 centuries back his holiness sri madhviraur potuluri veera brahmendra swamy during his tender age was visiting from place to place. while so, he took shelter in the house of smt. garimireddy achamma at banganapally and he used to look after the cows. he used to graze the cows in the nearby forest area. during the grazing period his holiness used to write the sacred book which was called as 'kala gnanam' (knowledge of the future) on talapatra (palm leaves). the said writings were preserved in the house of smt. garimireddy achamma and tamarind tree was planted at the place where kala gnanam was deposited in the earth. thus a great sanctity was attached to the tamarind tree as its roots were spread on the kala gnanam and as time went on the said place was named as chintamanu muttam. daily poojas and aaradhanaas are being performed at the tree by the devotees of his holiness sri madhviratt potuluri veera brahmendra swamy from all over the country especially from southern states. thus, the chintamanu muttam became place of worship and it is believed that the saint and prophel sri veera brahmendra swamy codified the prophecies and made divine revelations. it is also believed that these revelations were kept underground in the cellar where the tamarind tree is grown. the great saint after spending a few years in the house of smt. garimireddy achamma left the place and proceeded to kandi mallaiahpajli, which is now called as brahmamgan muttam, where he went into jeeva samadhi. brahmamgan multam has also published number of books in differentlanguages describing the life history as well as the prophecies of the great person and films were also made depicting the life history of sri veera brahmendra swamy. thus, he is considered to be incarnation of god and chintamanu muttam as well as brahmamgari muttam became pilgrim centres. it appears that sri veera brahmendra swamy had predicted number of events according to the books published by sri potuluri veera brahmendra swamy muttam at kandi mallaiahpalli in cuddapah district and the predictions came true. it appears that he predicted 1st world war, 2nd world war, birth of mahatma gandhi in north india, leadership of smt. indira gandhi and p. v. narasimha rao and these predictions have come true. from among the publications, it is also made clear that sri veera brahmendra swamy will have a re-birth (re-incarnation) as sri veera bhoga. vasantha rayulu and that a 7 years old girl in brahmin house would give birth to this great person. the said male child would live for 20 to 23 days. it also appears that he predicted that some bogus persons in the name of sri veera bhoga.vasantha rayulu would also spring up to deceive the public. however, the people believe that the kala gnanam which is kept underneath the tamarind tree will be excavated by sri veera bhoga vasantha rayulu. that situation has not yet ripened and sri veera bhoga vasantha rayulu has not yet taken birth and it is the anxiety of the devotees that, that the kala gnanam if excavated would reveal the entire future of the mankind and the world.4. while so, it appears that the 4th respondent naming himself as sri veera bhoga vasantha rayulu made an application to the government stating that he is the incarnation of sri potuluri veera brahmendra swamy and requesting the government to permit to excavate the kala gnanam from chintamanu muttam on 1-11-1995. which is the auspicious day on which it is to be unearthed. the said representation was made on 51-7-1995 and by proceedings dated 23-9-1995, the government passed the order issuing certain instructions to the collector, cuddapah which according to the petitioner is a permission granted to sri veera bhoga vasantha rayulu to excavate the kala.gnanam. the said proceedings are assailed before this court as arbitrary and in violation of arts. 25 and 26 of the constitution of india. however, when the arrangements were made for excavating kala gnanam, a serious resistance appears to have been offered by the devotees, by the local people and the public and as the time was nearing and the gravity of the situation was ascending beyond the control, the collector is understood to have informed the government to keep the memo dated 23-9-1995 in abeyance. accordingly the government passed proceedings dated 1-11-1995 keeping in abeyance memo dated 23-9-1995. aggrieved by the said memo dated 1-11-1995, sri sri veera bhoga vasantha rayulu filed the writ petition no. 547/96. that is how the later writ petition no. 547/95 came to be filed.5. the government, endowment department, the archaeological department an'd sri veera bhoga vasantha rayulu alias d. laxmi narasimha rao filed respective counters. the government filed counter stating that the writ petition is not maintainable as there was no cause of action. government did not grant any permission to any person to unearth kala gnanam bhandaru. in fact it is strictly a private affair of an understanding arrived between the different persons including the members of the unofficial managing committee of chintamanu muttam and 5th respondent sri veera bhoga vasantha rayulu. the government issued instructions to protect the muttam and the treasure if any found during the excavation as per law. it was stated in the counter that on 5-7-1991 a representation was made to the then chief minister sri n. t. rama rao. on behalf of sri veera bhoga vasantha rayulu to permit him to unearth the kala gnanam bhandaru in the interest of mankind and with specific reference to telugu people. the said representation was enquired into by the deputy commissioner of endowments department, who submitted his report on 14-8-1995 stating that chinthamanu muttam where the permission was sought for, for unearthing kala gnanam bhandaru is not an institute recognised and registered under the provisions of the endowments act and, theaffairs of the muttam was being managed by the local elders. sri brahmamgari muttam at kandi mallaiahpally has no control over the chinthamanu muttam. the district collector, kurnool was directed to take appropriate action under the provisions of indian treasure trove act as kala gnanam is of historical and archaeological importance. the sub-collector, nandyal was also directed to conduct enquiry and according to the enquiry, it appears that the committee members had no objection to unearth the kala gnanam bhandaru. however, the devotees expressed their sentimental reservations that the tree may get hurt. basing on the report of the sub-collector, nandyal, the district collector, kurnool has appears to have brought to the notice of the government and recommended to the government for unearthing kala gnanam bhandaru. he sought appropriate direction. thus, the memo dated 23-9-1995 was issued by the government. consequent on the memo, the collector constituled a committee and made necessary arrangements for supervising the excavation of kala gnanam bhandaru. but, however, different seclions of the town and devotees protested the move against excavation of kala gnanam and sri veera brahmendra swamy muttam at kandi mallaiahpally, muttadhipathi of sri veera brahmendra swamy ashram at kandi mallaiahpally also expressed that unless there are divine signs the excavation could not be resorted to. since the pressure was mounting up, the collector sent a report on 30-11-1995 requesting the government to keep the earlier memodated 25-9-1995 in abeyance. accordingly, the orders were issued by the government on 1-11-1995 keeping the proceedings under abeyance. it is the case of the government that the writ petitioners are not aggrieved parties. therefore, the writ petition is liable to be dismissed. it is also its case that since impugned proceedings dated 23-9-1995 have been kept in abeyance the writ petition has become infructuous.6. the director of archaeology and museum, government of andhra pradesh also filed counter-affidavit stating that the government have not notified the chinthamanu muttam as a protected ancient monument under the a. p. ancient and historical monuments and archaeological sites and remains act, 1960. the department comes into picture only any treasure or material of historical significance is brought to the light-since, no relief is claimed against respondent no. 2(in w.p. no. 245 19/95) the writ petition has to be dismissed.7. the deputy commissioner of dowments who is the 3rd respondent in w.p. no. 24519/95 filed counter stating that chinthamanu muttam is located at banumukkala village in kurnool district. it is the belief that sri veera brahmendra swamy resided there for some time and during which period he used to go to ravalakonda daily which is a hillock area for grazing the cows and used to write kala gnanam and the same is believed to be preserved under the chinthamanu mutt. the place where the kala gnanam said to have been preserved and the room where sri brahmamgaru used to take shelter is being worshipped by devotees. from this place it is believed that brahmamgaru went to kandi mallaiahpally where he went into 'jeeva samadhi'. the chinthamanu mutt has not been published under s.4 of the act 30 of the 1987 nor registered under the provisions of the act. the mutt was being managed by local elders of the village. however, the department appears to have issued instructions to enquire into the matter for the purpose of taking steps to publish the same as one of the institutions under the act.8. sri veera bhoga vasantha rayulu, therespondent no. 4 in w.p. no. 24502/95 filed detailed counter running into 51 pages. in the said counter, he had traced out the history of sri potuluri ve.era brahmendra swamy and also his re-incarnation. it is his case that he intended to undertake the excavation work at chinthamanu mutt to unearth kala gnanam bhandaru which would be beneficial to the welfare and bettrement of the mankind of the world and that he is only the person who is entitled to excavate the kala gnanam bhandaru. he submits that according to the predictions of sri veera brahmendra swamy,his incarnation takes place in kaliyuga as sri veera bhoga vasantha rayulu in december, 1946 and he was subjected to resurrection and came into being during yuga sandhi on 15-10-1988. since the predictions of sri potuluri veera brahrneridra swamy contained that the kala gnanani bhandaru will be excavated by him after reincarnation at the age of 13 years, the 4th respondent submits that he is the person, who is the incarnation of sri potuluri veera brahmendra swamy and he possessed all spiritual powers and trappings as predicted by sri potuluri veera brahmendra swamy. therefore, he reiterates that he is the same person who was referred by sri potuluri veera brahmendra swamy as sri veera bhoga vasantha rayulu. the 4th respondent also submitted that he has also narrated certain events correlating the predictions of sri veera brahrnendra swamy. he tried to establish in the counter that he is veera bhoga vasantha rayulu whose mention was made in the predictions of sri potuluri veera brahm-endra swamy and, therefore, he is the only proper person to unearth the kala gnanam bhandaru. he submits that a representation was made on his behalf to the government seeking permission to unearth the kala gnanam bhandaru and on such application enquiries were conducted and the proceedings dated 23-9-1995 have been issued. i need not refer to all the averments made in the counter as they are not relevant for the purpose of deciding the issue.9. the learned counsels for writ petitioners submit that the memo dated 23-9-1995 is not cancelled permanently and it is only kept in abeyance, therefore, it is still open for the petitioners to challenge the validity of the said memo, even though it is kept jn abeyance. it is their apprehension that at any time they may cancel the proceedings (sic) dated 23-9-1995 in abeyance. thus, they submit that the matter has to be considered on-its merits.10. it is the case of the government that it did not give any permission to unearth, the kala ghanam bhandaru, but only appraised the collector of the situation and, therefore, there is no necessity for the petitioners to rushto this court seeking the reliefs. it isdispute that arrangements were made by theauthorities to oversee the operation relatingto, unearthing the kala gnanarn bhandaruscheduled for 1-11-1995. the newspapers had also confirmed the date of excavation. the impugned proceedings have been issued on the report submitted by the collector. it is necessary to extract the proceedings dated 23-9-1995 for proper appreciation of the'matter.'with reference to his letter cited, and after carefully examining the matter, the government advise the collector, as follows:--a) he may note the fact that the proposed excavation is only a private effort in private lands;b) he may constitute a committee of officials to supervise the excavation if any to be taken up at the site. the local executive magistrate and the police officials may be duly involved;c) the provisions of the indian treasure- trove act, 1878 and a. p. treasure-trove rules, 1969 and, the a. p. ancient and historical monuments and archaeological sites and remains act of 1960 may be invoked as and when applicable and the connected officers may be associated suitably;d) adequate bandhobust arrangements may be made to meet any exigencies arising out of the excavation;e) prompt and affective action may be taken if any treasure is found.a detailed report may be submitted to the government.sd/- a. changappa, secretary to government.'11. the learned counsel for the petitioner contends that the memo though couched in the form of an advise to the collector, but the operations have been stated for 1-11-1995. it is also the contention of the learned counsels that chinthamanu mutt is a private land and that the government have no power to permit any person to excavate or unearth the kalagnanant bhandaru believed to be preserved under tamarind tree and, therefore, the government has no jurisdiction to issue such a proceedings. as can be seen from the proceedings dated 23-9-1995, the district collector was apprised of the situation stating that it is purely a private effort in the private land and directed that adequate bandhobast arrangements may be made to meet the exigencies. furthers direction was also issued that the provisions of the indian treasure trove act and the rules framed thereunder and also the a.p. ancient and historical monuments and archaeological sites and remains act, j969 have to be invoked as and when it becomes necessary.12. the collector, who filed the counter affidavit on behalf of the government also stated that he constituted a committee to ensure that there is no law and order problem at the time of excavation. he also admits that the chinthamanu mutt is a private property and the government has no power or jurisdiction over the mutt. but, at the same time, he asserts that the government have power to protect the public interest and for that purpose it is necessary to make the arrangements at the time of unearthing kala gnanam. it is also admitted case that the institution was not covered by the provisions of the endowments act. thus, it has to be concluded that government has no control whatsoever over the chinthamanu mutt. the development committee is making all arrangements for daily prayers and aaradhanaas and the number of pilgrims are offering worships at the mutt. in such an event, it is to be concluded that permitting the 4th respondent sri veera bhoga vasantha rayulu to unearth the kala gnanam would be legal and valid. the main thrust of attack by the petitioner is that it offends the religious sentiments as_the mutt gained prominance and it became place of worship by mankind irrespective of their caste, creed, religion. when once it acquired the status of place of public worship, the sentiments of public have to be respected. since the government themselves have categorically admitted in the counter that no permission was granted to any person to unearth the kala gnanambhandaru, the issue has been narrowed down to a considerable extent, whereby it admits that if any permission either expressed or implied is granted that would be without jurisdiction. it only alerted the machinery at the district level to oversee the operations, so that if kala gnanam bhandaru is unearthed, it is to be protected in accordance with law. though the memo does not say in so many words that the permission was granted to 4th respondent or any other person, yet it can be construed -- (1) that the directions were issued to the extent of maintaining law and order problem and preserve the kala gnanam bhandaru if any unearthed, (2) that the authorities had impliedly allowed the 4th respondent to undertake excavation operations.13. the learned counsel for the petitioners submit that the government has no power to issue any order or directions which have the effect of offending their religious sentiment thereby violating arts. 25 and 26 of the constitution of india. the said articles are extracted below :'25. freedom of conscience and free profession, practice and propagation of religion : (1) subject to public order, morality and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.(2) nothing in this article shall affect the operation of any existing law or prevent the state from making any law --(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;(b) providing for social welfare and reform or the throwing open of hindu religious institutions of a public character to all classes and sections of hindus.explanation i.-- the wearing and carrying of kipoans shall be deemed to be included in the profession of the sikh religion.explanation ii.-- in sub-clause (b) of clause (2), the reference to hindus shall be construed as including a reference to personsprofessing the sikh, jaina or buddhist religion, and the reference to hindu religious institutions shall be construed accordingly.26. freedom to manage religious affairs:--subject to public order, morality and health, every religious denomination or any section thereof shall have the right-(a) to establish and maintain institutions for relgious and charitable purposes;(b) to manage its own affairs in matters of religion;(c) to own and acquire movable and immovable property; and(d) to administer such property in accordance with law.'the learned counsels submit that sri potuluri veera brahmendra swamy is worshipped by all the sections of the society, more particularly vishwa brahman community. he was also treated as a communily god of vishwa brahman community and thus any action on the part of the government touching the freedom of conscience which their freedom to manage the religious affairs would offend the arts. 25 and 26. the learned counsels submitted elaborate case law on this point. the commissioner, hindu religious endowments, madras v. sri lakshmindra thirtha swamiar of sri shirur. mutt, : [1954]1scr1005 , sardar sarup singh v. state of punjab, air 1959 sc 860, sri venkata-ramana devarti v. state of mysore, : [1958]1scr895 . 'in the commissioner, hindu religious endowments, madras v. sri lakshmindra thirtha swamiar of sri shirur mutt, : [1954]1scr1005 (cited supra), the supreme court held that'the religion is a matter of faith with individuals or communities and it is not necessarily thesistic. the religion undoubtedly as it is basis in a system of belief or doctrine which are recorded by those who profess that religion. as conducive to their spiritual well being, but it will not be correct to say that the religion is nothing else, but a doctrine or belief. the guarantee under the constitutionof india, not only protects the freedom of religious opinion, but it protects also acts done in pursuance of religion.'the supreme court further held that:'freedom of religion under the constitution of india is not confined to religious beliefs only but it extends to religious practices as well subject to restrictions which the constitution itself had laid down.'in sardar sarup sing v. state of punjab, (air 1959 sc 860 at p. 865) (cited supra), the supreme court held that:'the administration of the properly by a religious denomination has been placed on a different fooling from the right to manage its own affair in the matter of religion. the letter is a fundamental right which cannot be taken away by the legislature whereas former can be regulated by law.'in sri venkataramana devaru v. slate of mysore, : [1958]1scr895 (cited supra) the supreme court observed that (para 25):'article 25(2)(b) applies to all religious institutions of public character without clarification or reserve. public institutions would mean not merely temples dedicated to the public as a whole, but also those founded for the benefits of the sections thereof and denominational temples would be comprise thereon.'in his holiness srimad perarulala ethiraja ramanuja jeeyar swami v. the state of tamil nadu, : [1972]3scr815 , the supreme court while following the dicta laid down in sardar syedna taher saifuddin saheb v. state of bombay, : air1962sc853 , held that:'the protection of arts. 25 and 26 is not limited to the matters of doctrine or belief, but they extend to all the acts done in pursuance of the religion and, therefore contained a guarantee regionals (sic) and observations, ceremonies and modes of worships which are in greater part of religion. what constitute an essential part of religious or religious practice, has to be decided by the courts with reference to the doctrine of a particular religion and include practices which are recorded by thecommunity as a part of its religion'.in kalyan dass v. state of tamil nadu, : air1973mad264 , it is held that:'the freedom of religion under art. 25 includes not only freedom to belief or profess any religion, but also freedom in regard to religious practices i.e. acts done in pursuance of religion. religious practices are reflective of matters concerning religion and if religion is to be venerated, then the practices annexed thereto are equally respectable and they demand compliance, even under the constitution. if in the hindu religion a place of worship is also prescribed, then the entire temples precincts from any part of which a devotee can usefully worship has always to be held sacrosanct; no non-hindu can for pleasure and social evaluation seek entry into such temple. if there are pertain well-laid practices regarding the mode of worship in a hindu temple and if such ordainments are backed up by agamasand, therefore are matters connected with the religion, the courts cannot lightly ignore such deep-rooted and venerable tenets on the only ground that progressive secularism demands it.'in rev. stainislaus v. state of madhya pradesh, : 1977crilj551 , the supreme court held that (para 19):'the art. 25(1) guarantee freedom of conscience to every citizen, but that, in turn postulates that there is no fundamental right to convert another person to one's dwn religion because if a person purposefully undertakes the conversion of another person to his religion as distinguished from his effort to transmit or spread the tenets of his religion that would impinge on the freedom of conscience guaranteed to all the citizens in the country alike.'the supreme court further observed that (para 20):''the freedom of religion enshrined in art. 25 is riot guaranteed in respect of one religion, only, but covers all the religions alike and it can be properly enjoyed by a person if he exercises his right in a manner commensurate with like freedom on persons followingthe other religions. what is freedom for one, is freedom for others, in equal measure and there can, therefore, be no such thing as fundamental right to convert any person to one's own religion'.thus, the supreme court settled that anyattempt to disturb the freedom of consciencewould be violative of art. 25(1) of the constitution of india.the supreme court in bijoe emmanuel v. state of kerala, : 1986crilj1736 , observed that:'article 25 is an article of faith in the constitution incorporated in recognition of the principle that the real test of a true democracy is the ability of even an insignificant minority to find its identity under the country's constitution. notwithstanding the fact that a particular religious belief or practice does not appeal to our reason or sentiment, it would attract the protection of art. 25 subject, of course, to the inhibitions contained therein, when the belief is genuinely and conscientiously held as part of the profession or practice of religion. our personal views and reactions are irrelevant.'thus, it is to be noted that the acts of the state touching the one's own religious conscience, would be violated of art, 25.from the above decisions, it can be safely concluded that the state is precluded from issuing any orders which directly or impliedly offend the religious sentiments or freedom of conscience.14. as already been observed that it is a case where chinthamanu mutt was being treated as a place of worship by all sections of the society and since the mutt is not covered by the endowments act, the government or its subordinates have no power or jurisdiction to interfere with the religious practices. preservations of kala gnanam bhandaru under the tamarind tree is still a belief of one and all including petitioners and 4th respondent and government, yet great religious sentimental value has been attached to the place.15. the 4th respondent sri veera bhoga vasantha rayulu, who claims to be theincarnation of sri potuluri veera brahmendra swamy did not file any record or testament to establish that he is entitled to excavate the kala gnanam bhandaru under law. in the counter it is only stated that his date of birth and the events leading to his life history correlated to the predictions revealed by shi potuluri vcera brahmendra swamy and thus he claims the right over the kala gnanam bhandaru. the learned senior counsel for 4th respondent vehemently argues that the 4th respondent aptly fits in the description of sri veera bhoga vasantha rayulu as narrated in various books published and, therefore, the 4th respondent is none else than sri veera bhoga vasantha rayulu, who is the incarnation of sri madhvirat putuluri veera brahmendra swamy. sri indrasing reddy on behalf of 4th respondent also recited number of poems regarding the life history of sri madhvirat potuluri veera brahmendra swamy and his predictions, including the reincarnation of sri veera bhoga vasantha rayulu and tries to correlate the events with the 4th respondent. he also submits with firm conviction that the 4th respondent possesses great spiritual powers and if he is permitted to unearth kala gnanam bhandaru, the entire-humanity on earth will be benefited. he further submitted that after the kala gnanam bhandaru is unearthed, the 4th respondent by invoking his spiritual powers, he would make india a debt-free country. i am unahle to acceds to any of the submissions though they appear to be appealing. whether sri veera bhoga vasantha rayulu is the real incaretion of sri potuluri veera brahmendra swamy or whether he has any right over the affairs of the mutt and whether he can unearth the kala gnanam bhandaru etc. are the matters which cannot be decided by this court under art. 226 of the constitution of india. suffice to say that if an action of the state infringes the freedom of conscience or if it interferes with the management of the religious institutions, the party aggrieved has a right to assail the said action. thus, viewed from angle, it has to be necessarily held that the government has no power or jurisdiction to issue the impugned memo.16. accordingly, the writ petitionsnos. 24502/95, 24586/95, 24519/95 are allowed and the impugned memo dated 23-9-1995 is quashed. there shall be no order as to costs.in view of the above orders, writ petition no. 547/96 no more survives, the same is dismissed without costs.this order does not preclude the respective parties from taking recourse to any other proceedings that are available to them under law.17. order accordingly.

Judgment:
ORDER

1. Since common questions oflaw are involved in all the cases, they areclubbed together and disposed of under acommon order.

2. Writ Petition No. 24502/95 has been filed by the President of Chintamanu Muttam Development Society in Banumukkala, Banganpalli town in Kurnool District, while Writ Petition No. 24586/95 was filed by A.P. Viswa Brahmana Sangam. Writ PetitionNo. 24519/95 has been filed by the devotees of His Holiness Sri Madhviratt Potuluri. Veera Brahmendra Swamy. In these three writ petitions, the proceedings issued by the Government in Memo dated 23-9-1995 per-mitting Sri Satguru Veerabhoga Vasantha Rayulu to excavate the Kala Gnanam from the premises of Chinlamanu Mutt, Bangana pally are assailed as illegal and violative of Arts. 14, 25 and 26 of the Constitution of India.

3. The averments as stated in the affidavit in all the three writ petitions can be narrated succinctly. As the legend goes that about 3 to 5 centuries back His Holiness Sri Madhviraur Potuluri Veera Brahmendra Swamy during his tender age was visiting from place to place. While so, he took shelter in the house of Smt. Garimireddy Achamma at Banganapally and he used to look after the cows. He used to graze the cows in the nearby forest area. During the grazing period His Holiness used to write the sacred book which was called as 'Kala Gnanam' (knowledge of the future) on Talapatra (palm leaves). The said writings were preserved in the house of Smt. Garimireddy Achamma and tamarind tree was planted at the place where Kala Gnanam was deposited in the earth. Thus a great sanctity was attached to the tamarind tree as its roots were spread on the Kala Gnanam and as time went on the said place was named as Chintamanu Muttam. Daily Poojas and Aaradhanaas are being performed at the tree by the devotees of His Holiness Sri Madhviratt Potuluri Veera Brahmendra Swamy from all over the country especially from Southern States. Thus, the Chintamanu Muttam became place of worship and it is believed that the Saint and Prophel Sri Veera Brahmendra Swamy codified the Prophecies and made divine revelations. It is also believed that these revelations were kept underground in the Cellar where the tamarind tree is grown. The great Saint after spending a few years in the house of Smt. Garimireddy Achamma left the place and proceeded to Kandi Mallaiahpajli, which is now called as Brahmamgan Muttam, where he went into Jeeva Samadhi. Brahmamgan Multam has also published number of books in differentlanguages describing the life history as well as the Prophecies of the great person and films Were also made depicting the life history of Sri Veera Brahmendra Swamy. Thus, he is considered to be incarnation of God and Chintamanu Muttam as well as Brahmamgari Muttam became pilgrim centres. It appears that Sri Veera Brahmendra Swamy had predicted number of events according to the books published by Sri Potuluri Veera Brahmendra Swamy Muttam at Kandi Mallaiahpalli in Cuddapah district and the predictions came true. It appears that he predicted 1st world war, 2nd world war, birth of Mahatma Gandhi in North India, leadership of Smt. Indira Gandhi and P. V. Narasimha Rao and these predictions have come true. From among the publications, it is also made clear that Sri Veera Brahmendra Swamy will have a re-birth (re-incarnation) as Sri Veera Bhoga. Vasantha Rayulu and that a 7 years old girl in Brahmin house would give birth to this great person. The said male child would live for 20 to 23 days. It also appears that he predicted that some bogus persons in the name of Sri Veera Bhoga.Vasantha Rayulu would also spring up to deceive the public. However, the people believe that the Kala Gnanam which is kept underneath the tamarind tree will be excavated by Sri Veera Bhoga Vasantha Rayulu. That situation has not yet ripened and Sri Veera Bhoga Vasantha Rayulu has not yet taken birth and it is the anxiety of the devotees that, that the Kala Gnanam if excavated would reveal the entire future of the mankind and the world.

4. While so, it appears that the 4th respondent naming himself as Sri Veera Bhoga Vasantha Rayulu made an application to the Government stating that he is the incarnation of Sri Potuluri Veera Brahmendra Swamy and requesting the Government to permit to excavate the Kala Gnanam from Chintamanu Muttam on 1-11-1995. Which is the auspicious day on which it is to be unearthed. The said representation was made on 51-7-1995 and by proceedings dated 23-9-1995, the Government passed the order issuing certain instructions to the Collector, Cuddapah which according to the petitioner is a permission granted to Sri Veera Bhoga Vasantha Rayulu to excavate the Kala.Gnanam. The said proceedings are assailed before this Court as arbitrary and in violation of Arts. 25 and 26 of the Constitution of India. However, when the arrangements were made for excavating Kala Gnanam, a serious resistance appears to have been offered by the devotees, by the local people and the public and as the time was nearing and the gravity of the situation was ascending beyond the control, the Collector is understood to have informed the Government to keep the Memo dated 23-9-1995 in abeyance. Accordingly the Government passed proceedings dated 1-11-1995 keeping in abeyance Memo dated 23-9-1995. Aggrieved by the said memo dated 1-11-1995, Sri Sri Veera Bhoga Vasantha Rayulu filed the Writ Petition No. 547/96. That is how the later Writ Petition No. 547/95 came to be filed.

5. The Government, Endowment Department, the Archaeological Department an'd Sri Veera Bhoga Vasantha Rayulu alias D. Laxmi Narasimha Rao filed respective counters. The Government filed counter stating that the writ petition is not maintainable as there was no cause of action. Government did not grant any permission to any person to unearth Kala Gnanam Bhandaru. In fact it is strictly a private affair of an understanding arrived between the different persons including the members of the Unofficial Managing Committee of Chintamanu Muttam and 5th respondent Sri Veera Bhoga Vasantha Rayulu. The Government issued instructions to protect the Muttam and the Treasure if any found during the excavation as per law. It was stated in the counter that on 5-7-1991 a representation was made to the then Chief Minister Sri N. T. Rama Rao. on behalf of Sri Veera Bhoga Vasantha Rayulu to permit him to unearth the Kala Gnanam Bhandaru in the interest of mankind and with specific reference to Telugu people. The said representation was enquired into by the Deputy Commissioner of Endowments Department, who submitted his report on 14-8-1995 stating that Chinthamanu Muttam where the permission was sought for, for unearthing Kala Gnanam Bhandaru is not an Institute recognised and registered under the provisions of the Endowments Act and, theaffairs of the Muttam was being managed by the local elders. Sri Brahmamgari Muttam at Kandi Mallaiahpally has no control over the Chinthamanu Muttam. The District Collector, Kurnool was directed to take appropriate action under the provisions of Indian Treasure Trove Act as Kala Gnanam is of Historical and Archaeological importance. The Sub-Collector, Nandyal was also directed to conduct enquiry and according to the enquiry, it appears that the Committee members had no objection to unearth the Kala Gnanam Bhandaru. However, the devotees expressed their sentimental reservations that the tree may get hurt. Basing on the report of the Sub-Collector, Nandyal, the District Collector, Kurnool has appears to have brought to the notice of the Government and recommended to the Government for unearthing Kala Gnanam Bhandaru. He sought appropriate direction. Thus, the Memo dated 23-9-1995 was issued by the Government. Consequent on the memo, the Collector constituled a Committee and made necessary arrangements for supervising the excavation of Kala Gnanam Bhandaru. But, however, different seclions of the town and devotees protested the move against excavation of Kala Gnanam and Sri Veera Brahmendra Swamy Muttam at Kandi Mallaiahpally, Muttadhipathi of Sri Veera Brahmendra Swamy Ashram at Kandi Mallaiahpally also expressed that Unless there are divine signs the excavation could not be resorted to. Since the pressure was mounting up, the Collector sent a report on 30-11-1995 requesting the Government to keep the earlier Memodated 25-9-1995 in abeyance. Accordingly, the orders were issued by the Government on 1-11-1995 keeping the proceedings under abeyance. It is the case of the Government that the writ petitioners are not aggrieved parties. Therefore, the writ petition is liable to be dismissed. It is also its case that since impugned proceedings dated 23-9-1995 have been kept in abeyance the writ petition has become infructuous.

6. The Director of Archaeology and Museum, Government of Andhra Pradesh also filed counter-affidavit stating that the Government have not notified the Chinthamanu Muttam as a protected ancient monument under the A. P. Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960. The Department comes into picture only any Treasure or material of historical significance is brought to the light-Since, no relief is claimed against respondent No. 2(in W.P. No. 245 19/95) the writ petition has to be dismissed.

7. The Deputy Commissioner of dowments who is the 3rd respondent in W.P. No. 24519/95 filed counter stating that Chinthamanu Muttam is located at Banumukkala village in Kurnool district. It is the belief that Sri Veera Brahmendra Swamy resided there for some time and during which period he used to go to Ravalakonda daily which is a hillock area for grazing the cows and used to write Kala Gnanam and the same is believed to be preserved under the Chinthamanu Mutt. The place where the Kala Gnanam said to have been preserved and the room where Sri Brahmamgaru used to take shelter is being worshipped by devotees. From this place it is believed that Brahmamgaru went to Kandi Mallaiahpally where he went into 'Jeeva Samadhi'. The Chinthamanu Mutt has not been published under S.4 of the Act 30 of the 1987 nor registered under the provisions of the Act. The Mutt was being managed by local elders of the village. However, the Department appears to have issued instructions to enquire into the matter for the purpose of taking steps to publish the same as one of the institutions under the Act.

8. Sri Veera Bhoga Vasantha Rayulu, therespondent No. 4 in W.P. No. 24502/95 filed detailed counter running into 51 pages. In the said counter, he had traced out the history of Sri Potuluri Ve.era Brahmendra Swamy and also his re-incarnation. It is his case that he intended to undertake the excavation work at Chinthamanu Mutt to unearth Kala Gnanam Bhandaru which would be beneficial to the welfare and bettrement of the mankind of the world and that he is only the person who is entitled to excavate the Kala Gnanam Bhandaru. He submits that according to the predictions of Sri Veera Brahmendra Swamy,his incarnation takes place in Kaliyuga as Sri Veera Bhoga Vasantha Rayulu in December, 1946 and he was subjected to resurrection and came into being during Yuga Sandhi on 15-10-1988. Since the predictions of Sri Potuluri Veera Brahrneridra Swamy contained that the Kala Gnanani Bhandaru will be excavated by him after reincarnation at the age of 13 years, the 4th respondent submits that he is the person, who is the incarnation of Sri Potuluri Veera Brahmendra Swamy and he possessed all spiritual powers and trappings as predicted by Sri Potuluri Veera Brahmendra Swamy. Therefore, he reiterates that he is the same person who was referred by Sri Potuluri Veera Brahmendra Swamy as Sri Veera Bhoga Vasantha Rayulu. The 4th respondent also submitted that he has also narrated certain events correlating the predictions of Sri Veera Brahrnendra Swamy. He tried to establish in the counter that he is Veera Bhoga Vasantha Rayulu whose mention was made in the predictions of Sri Potuluri Veera Brahm-endra Swamy and, therefore, he is the only proper person to unearth the Kala Gnanam Bhandaru. He submits that a representation was made on his behalf to the Government seeking permission to unearth the Kala Gnanam Bhandaru and on such application enquiries were conducted and the proceedings dated 23-9-1995 have been issued. I need not refer to all the averments made in the counter as they are not relevant for the purpose of deciding the issue.

9. The learned counsels for writ petitioners submit that the Memo dated 23-9-1995 is not cancelled permanently and it is only kept in abeyance, therefore, it is still open for the petitioners to challenge the validity of the said Memo, even though it is kept jn abeyance. It is their apprehension that at any time they may cancel the proceedings (sic) dated 23-9-1995 in abeyance. Thus, they submit that the matter has to be considered on-its merits.

10. It is the case of the Government that it did not give any permission to unearth, the Kala Ghanam Bhandaru, but only appraised the Collector of the situation and, therefore, there is no necessity for the petitioners to rushto this Court seeking the reliefs. It isdispute that arrangements were made by theauthorities to oversee the operation relatingto, unearthing the Kala Gnanarn Bhandaruscheduled for 1-11-1995. The Newspapers had also confirmed the date of excavation. The impugned proceedings have been issued on the report submitted by the Collector. It is necessary to extract the proceedings dated 23-9-1995 for proper appreciation of the'matter.

'With reference to his letter cited, and after carefully examining the matter, the Government advise the Collector, as follows:--

a) He may note the fact that the proposed excavation is only a private effort in private lands;

b) He may constitute a Committee of Officials to supervise the excavation if any to be taken up at the site. The local Executive Magistrate and the Police Officials may be duly involved;

c) The provisions of the Indian Treasure- Trove Act, 1878 and A. P. Treasure-Trove Rules, 1969 and, the A. P. Ancient and Historical Monuments and Archaeological Sites and Remains Act of 1960 may be invoked as and when applicable and the connected officers may be associated suitably;

d) Adequate bandhobust arrangements may be made to meet any exigencies arising out of the excavation;

e) Prompt and affective action may be taken if any treasure is found.

A detailed report may be submitted to the Government.

Sd/- A. Changappa,

Secretary to Government.'

11. The learned counsel for the petitioner contends that the Memo though couched in the form of an advise to the Collector, but the operations have been stated for 1-11-1995. It is also the contention of the learned counsels that Chinthamanu Mutt is a private land and that the Government have no power to permit any person to excavate or unearth the KalaGnanant Bhandaru believed to be preserved under tamarind tree and, therefore, the Government has no jurisdiction to issue such a proceedings. As can be seen from the proceedings dated 23-9-1995, the District Collector was apprised of the situation stating that it is purely a private effort in the private land and directed that adequate Bandhobast arrangements may be made to meet the exigencies. Furthers direction was also issued that the provisions of the Indian Treasure Trove Act and the Rules framed thereunder and also the A.P. Ancient and Historical Monuments and Archaeological Sites and Remains Act, J969 have to be invoked as and when it becomes necessary.

12. The Collector, who filed the counter affidavit on behalf of the Government also stated that he constituted a Committee to ensure that there is no law and order problem at the time of excavation. He also admits that the Chinthamanu Mutt is a private property and the Government has no power or jurisdiction over the Mutt. But, at the same time, he asserts that the Government have power to protect the public interest and for that purpose it is necessary to make the arrangements at the time of unearthing Kala Gnanam. It is also admitted case that the institution was not covered by the provisions of the Endowments Act. Thus, it has to be concluded that Government has no control whatsoever over the Chinthamanu Mutt. The Development Committee is making all arrangements for daily prayers and Aaradhanaas and the number of pilgrims are offering worships at the Mutt. In such an event, it is to be concluded that permitting the 4th respondent Sri Veera Bhoga Vasantha Rayulu to unearth the Kala Gnanam would be legal and valid. The main thrust of attack by the petitioner is that it offends the religious sentiments as_the Mutt gained prominance and it became place of worship by mankind irrespective of their caste, creed, religion. When once it acquired the status of place of public worship, the sentiments of public have to be respected. Since the Government themselves have categorically admitted in the counter that no permission was granted to any person to unearth the Kala GnanamBhandaru, the issue has been narrowed down to a considerable extent, whereby it admits that if any permission either expressed or implied is granted that would be without jurisdiction. It only alerted the machinery at the District level to oversee the operations, so that if Kala Gnanam Bhandaru is unearthed, it is to be protected in accordance with law. Though the memo does not say in so many words that the permission was granted to 4th respondent or any other person, yet it can be construed -- (1) that the directions were issued to the extent of maintaining law and order problem and preserve the Kala Gnanam Bhandaru if any unearthed, (2) that the authorities had impliedly allowed the 4th respondent to undertake excavation operations.

13. The learned counsel for the petitioners submit that the Government has no power to issue any order or directions which have the effect of offending their religious sentiment thereby violating Arts. 25 and 26 of the Constitution of India. The said Articles are extracted below :

'25. Freedom of conscience and free profession, practice and propagation of religion : (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law --

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I.-- The wearing and carrying of kipoans shall be deemed to be included in the profession of the Sikh religion.

Explanation II.-- In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to personsprofessing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

26. Freedom to manage religious affairs:--Subject to public Order, morality and health, every religious denomination or any section thereof shall have the right-

(a) to establish and maintain institutions for relgious and charitable purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law.'

The learned counsels submit that Sri Potuluri Veera Brahmendra Swamy is worshipped by all the sections of the Society, more particularly Vishwa Brahman Community. He was also treated as a Communily God of Vishwa Brahman Community and thus any action on the part of the Government touching the freedom of conscience which their freedom to manage the religious affairs would offend the Arts. 25 and 26. The learned counsels submitted elaborate case law on this point. The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur. Mutt, : [1954]1SCR1005 , Sardar Sarup Singh v. State of Punjab, AIR 1959 SC 860, Sri Venkata-ramana Devarti v. State of Mysore, : [1958]1SCR895 . '

In the Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, : [1954]1SCR1005 (cited supra), the Supreme Court held that

'the religion is a matter of faith with individuals or communities and it is not necessarily Thesistic. The religion undoubtedly as it is basis in a system of belief or doctrine which are recorded by those who profess that religion. As conducive to their spiritual well being, but it will not be correct to say that the religion is nothing else, but a doctrine or belief. The guarantee under the Constitutionof India, not only protects the freedom of religious opinion, but it protects also acts done in pursuance of religion.'

The Supreme Court further held that:

'freedom of religion under the Constitution of India is not confined to religious beliefs only but it extends to religious practices as well subject to restrictions which the Constitution itself had laid down.'

In Sardar Sarup Sing v. State of Punjab, (AIR 1959 SC 860 at p. 865) (cited supra), the Supreme Court held that:

'the administration of the properly by a religious denomination has been placed on a different fooling from the right to manage its own affair in the matter of religion. The letter is a fundamental right which cannot be taken away by the Legislature whereas former can be regulated by Law.'

In Sri Venkataramana Devaru v. Slate of Mysore, : [1958]1SCR895 (cited supra) the Supreme Court observed that (para 25):

'Article 25(2)(b) applies to all religious institutions of public character without clarification or reserve. Public institutions would mean not merely Temples dedicated to the public as a whole, but also those founded for the benefits of the sections thereof and denominational temples would be comprise thereon.'

In His Holiness Srimad Perarulala Ethiraja Ramanuja Jeeyar Swami v. The State of Tamil Nadu, : [1972]3SCR815 , the Supreme Court while following the dicta laid down in Sardar Syedna Taher Saifuddin Saheb v. State of Bombay, : AIR1962SC853 , held that:

'the protection of Arts. 25 and 26 is not limited to the matters of doctrine or belief, but they extend to all the acts done in pursuance of the religion and, therefore contained a guarantee regionals (sic) and observations, ceremonies and modes of worships which are in greater part of religion. What constitute an essential part of religious or religious practice, has to be decided by the Courts with reference to the doctrine of a particular religion and include practices which are recorded by thecommunity as a part of its religion'.

In Kalyan Dass v. State of Tamil Nadu, : AIR1973Mad264 , it is held that:

'the freedom of religion under Art. 25 includes not only freedom to belief or profess any religion, but also freedom in regard to religious practices i.e. acts done in pursuance of religion. Religious practices are reflective of matters concerning religion and if religion is to be venerated, then the practices annexed thereto are equally respectable and they demand compliance, even under the Constitution. If in the Hindu religion a place of worship is also prescribed, then the entire temples precincts from any part of which a devotee can usefully worship has always to be held sacrosanct; no non-Hindu can for pleasure and social evaluation seek entry into such temple. If there are pertain well-laid practices regarding the mode of worship in a Hindu temple and if such ordainments are backed up by Agamasand, therefore are matters connected with the religion, the Courts cannot lightly ignore such deep-rooted and venerable tenets on the only ground that progressive secularism demands it.'

In Rev. Stainislaus v. State of Madhya Pradesh, : 1977CriLJ551 , the Supreme Court held that (Para 19):

'the Art. 25(1) guarantee freedom of conscience to every citizen, but that, in turn postulates that there is no fundamental right to convert another person to one's dwn religion because if a person purposefully undertakes the conversion of another person to his religion as distinguished from his effort to transmit or spread the tenets of his religion that would impinge on the freedom of conscience guaranteed to all the citizens in the country alike.'

The Supreme Court further observed that (para 20):

''the freedom of religion enshrined in Art. 25 is riot guaranteed in respect of one religion, only, but covers all the religions alike and it can be properly enjoyed by a person if he exercises his right in a manner commensurate with like freedom on persons followingthe other religions. What is freedom for one, is freedom for others, in equal measure and there can, therefore, be no such thing as fundamental right to convert any person to one's own religion'.

Thus, the Supreme Court settled that anyattempt to disturb the freedom of consciencewould be violative of Art. 25(1) of the Constitution of India.

The Supreme Court in Bijoe Emmanuel v. State of Kerala, : 1986CriLJ1736 , observed that:

'Article 25 is an article of faith in the Constitution incorporated in recognition of the principle that the real test of a true democracy is the ability of even an insignificant minority to find its identity under the country's Constitution. Notwithstanding the fact that a particular religious belief or practice does not appeal to our reason or sentiment, it would attract the protection of Art. 25 subject, of course, to the inhibitions contained therein, when the belief is genuinely and conscientiously held as part of the profession or practice of religion. Our personal views and reactions are irrelevant.'

Thus, it is to be noted that the acts of the State touching the one's own religious conscience, would be violated of Art, 25.

From the above decisions, it can be safely concluded that the State is precluded from issuing any orders which directly or impliedly offend the religious sentiments or freedom of conscience.

14. As already been observed that it is a case where Chinthamanu Mutt was being treated as a place of worship by all sections of the Society and since the Mutt is not covered by the Endowments Act, the Government or its subordinates have no power or jurisdiction to interfere with the religious practices. Preservations of Kala Gnanam Bhandaru under the tamarind tree is still a belief of one and all including petitioners and 4th respondent and Government, yet great religious sentimental value has been attached to the place.

15. The 4th respondent Sri Veera Bhoga Vasantha Rayulu, who claims to be theincarnation of Sri Potuluri Veera Brahmendra Swamy did not file any record or testament to establish that he is entitled to excavate the Kala Gnanam Bhandaru under Law. In the counter it is only stated that his date of birth and the events leading to his life history correlated to the predictions revealed by Shi Potuluri Vcera Brahmendra Swamy and thus he claims the right over the Kala Gnanam Bhandaru. The learned senior counsel for 4th respondent vehemently argues that the 4th respondent aptly fits in the description of Sri Veera Bhoga Vasantha Rayulu as narrated in various Books published and, therefore, the 4th respondent is none else than Sri Veera Bhoga Vasantha Rayulu, who is the incarnation of Sri Madhvirat Putuluri Veera Brahmendra Swamy. Sri Indrasing Reddy on behalf of 4th respondent also recited number of poems regarding the life history of Sri Madhvirat Potuluri Veera Brahmendra Swamy and his predictions, including the reincarnation of Sri Veera Bhoga Vasantha Rayulu and tries to correlate the events with the 4th respondent. He also submits with firm conviction that the 4th respondent possesses great spiritual powers and if he is permitted to unearth Kala Gnanam Bhandaru, the entire-humanity on earth will be benefited. He further submitted that after the Kala Gnanam Bhandaru is unearthed, the 4th respondent by invoking his spiritual powers, he would make India a debt-free country. I am unahle to acceds to any of the submissions though they appear to be appealing. Whether Sri Veera Bhoga Vasantha Rayulu is the real inCaretion of Sri Potuluri Veera Brahmendra Swamy or whether he has any right over the affairs of the Mutt and whether he can unearth the Kala Gnanam Bhandaru etc. are the matters which cannot be decided by this Court under Art. 226 of the Constitution of India. Suffice to say that if an action of the State infringes the freedom of conscience or if it interferes with the management of the religious institutions, the party aggrieved has a right to assail the said action. Thus, viewed from angle, it has to be necessarily held that the Government has no power or jurisdiction to issue the impugned Memo.

16. Accordingly, the Writ PetitionsNos. 24502/95, 24586/95, 24519/95 are allowed and the impugned Memo dated 23-9-1995 is quashed. There shall be no order as to costs.

In view of the above orders, Writ Petition No. 547/96 no more survives, the same is dismissed without costs.

This order does not preclude the respective parties from taking recourse to any other proceedings that are available to them under Law.

17. Order accordingly.