HVK Archives: Gist of some Court cases connected with Dattatreya Peetha-Bababudangiri shrine (Part III)
Gist of some Court cases connected with Dattatreya Peetha-Bababudangiri shrine (Part III) - Organiser
Posted By Krishnakant Udavant (kkant@bom2.vsnl.net.in)
December 20, 1998
Title: Gist of some Court cases connected with Dattatreya Peetha-Bababudangiri shrine (Part III)
Author:
Publication: Organiser
Date: December 20, 1998
The Inam Dattatreya Peetha situated at Bababudan Hills
(Chandradrona Parvatha) on Western Ghats 30 km to the north of
Chickmagalur is a revered place of Pilgrimage for Hindus and
Muslims alike. Before 17th century this Peetha was said to be
under the control of Hindus. Brahmin and "Veerashaiva priests
were performing daily puja and rituals of this Peetha. Probably
in 17th century a Sufi Fakir occupied this Peetha. Since then it
is managed by Muslim Qalandars (Shakhadri). This Peetha is
governed under the Mysore Religious and Charitable Endowment Act
1927 and now under the management of Sayed Peer Mohdmed Shakhadri
Sajjada Nasheen, who is appointed as Manager of this Peetha by
His Highness, the. Maharaja of Mysore under order No. R 9391/
93/Muz. 159-42-10 Dated at Bangalore on 29th May 1943.
In the year 1975 the Commissioner for Religious and Charitable
Endowments Karnataka passed an order directing the Tehasildar,
Chickmagalur, to hand, over possession and control of Dattatreya
Peetha to Wakf Board. The order was executed by the Tehasildar
and the padukas and nanda deepa referred to were seized and kept
under custody of taluk office.
Hindu devotees represented by one Nagaraj Rao, resident of
Chickmagalur, challenged this order before the Civil Court of
Chickmagalur filing suit 0.3, No. 25/78. The Civil Court of
District Judge on 29-2-1980 quashing the order of the
Commissioner for Religious and Charitable Endowment Karnataka
directed this Institution to be handed over to the Muzrai
Department.
The court in its order has observed that : "The Institution is a
religious Institution being a holy place of worship belonging to
the Hindus and the Mohamedan alike where they worship. It is not
a Wakf Property and, therefore, the inclusion of the plaint
schedule property in the list of Wakfs by the second defendant is
improper and illegal, and such inclusion will not affect the
rights of the plaintiffs or the Hindus, and that the 2nd
defendant (Board of Wakfs), has no right to control or manage the
suit schedule Institution; the administration, management and
control of the said suit schedule property be retransferred from
the control of the second defendant (the Wakf) to the third
defendant (Mazrai) as it was being managed prior to June 1975,
the 2nd defendant is hereby restrained by means of a permanent
injunction not to interfere with the plaintiff s or Hindus'
rights in respect of the plaint schedule Institution or property.
Since it is a suit on behalf of the entire community of Hindus
and it is against the order of the Government in transferring the
suit Schedule property from its Muzrai Department to the Wakf
Board."
According to this judgement, the Institution was handed over to
the Muzrai Department and ultimately the Tehsildar handed over
the Institution to Sayed Peer Mohamed Shakhadri, the petitioner,
during 1983.
The decree passed the trial Court has not been challenged either
by the State Government or by the Commissioner for Religious and
Charitable Endowments or by Sayed Peer Mohamed Shakhadri but the
Karnataka State Board of Wakf has preferred Regular First Appeal
No. 119/80 before the High Court of Karnataka. Bangalore and the
same was pending (till March 1985). It is said that the appeal is
dismissed, vide ILR 1991 Kar 2456, page 2456 to 2468.
There is no interim order passed staying the operation of the
decree passed by District Judge of Chickmagalur. Meanwhile
Sajjada Nasheen Sayed Peer Mohamed Shakhadri, the Manager, did
not provide proper facilities to the large number of visiting
devotees, Action was taken by the Assistant Commissioner to fix
ground rent for the shops that would be put up for the Urs
festival and directed the Tehsildar to collect the income for the
purpose of providing certain basic facility for the devotees who
gather for the Urs. And this action resulted in upholding the
action of the Assistant Commissioner by the Commissioner for
Religious and Charitable Endowments of Karnataka and finally it
resulted in filing of the Writ Petition No. 2294 of 1984 by Sayed
Peer Mohamed Shakhadri the manager of Dattatreya Peetha before
the High Court of Karnataka.
The High Court took note of the verdict of Trial Court and
ordered "as there is no interim order of High Court staying the
operation of the Decree passed by this Court (District Magistrate
Court). As the matter stands, the State Government and the Muzzai
officers are required to act in terms of the decree. It is
because of this, the State Government also has directed on more
than one occasion that the Institution should be restored to the
Sajjada Nasheen and it should be administered as per the practice
that was prevailing prior to June 1975. Thereafter, it is not in
dispute, the management of the Institution has been restored to
the petitioner. But what was the practice that was prevailing
prior to June 1975 relating to the management of the affairs of
the Institution has not been enquired into nor is there any
document produced by any one of the parties to show that a
particular practice was being followed, unless an enquiry is held
into the matter on affording an opportunity to the petitioner
(Sajjada Nasheen), if necessary to the devotees, regarding the
practice that was followed prior to June 1975 in the matter of
conducting Urs and management of the affairs of Institution.
Inclusive of the properties of the Institution, it is not
possible to hold now that the impugned orders interfere with the
right of management of petitioner (Sajjada Nasheen). But, at the
same time, it is also not possible to permit the respondent
(Muzrai Dept.) to continue this practice without determining
whether this was the practice prevailing prior to June, 1975."
>From what is stated above, it follows that the impugned orders
without determining the practice that was prevailing prior to
June 1975 cannot be sustained. So as per the orders of High
Court. The Commissioner for religious and Charitable Endowment
Karnataka in his order no Adm. 7 PTN 9184-85 dated 25-2-1989-
directed the Deputy Commissioner (District Muzrai Officer)
Chickmagalur to conduct a local enquiry about the practices
prevailing before June 1975. The local Muzrai Officer were
requested to give a chance of hearing to all the concerned as per
the Judgement of High Court of Karnataka and send their report.
The Deputy Commissioner who is District Muzrai Officer has
conducted enquiry and inspected the Institution along with the
local officer and send his report which reads as follows :-
"That there are two caves on either side of the main Peetha
Durga(h) in the shrine which is on the right side of the main
entrance, in one of caves, water comes out and the same is called
Chasma/Gupta Ganga jal. The main peetha/Durga(h) is called as
"Hazarath Dada Hayath Meer Khalander Durga(h)/Shri Guru
Dattatreya Swamy Peetha, on the other side of the Peetha/Durga(h)
i.e. to the left side of main Peetha/Durga(h) the cave is said to
lead to Mecca/Khashi. There are chills/peetha found near the
right side wall of the main Peetha. There are some deepas (not
lit), in right side corner of the main Peetha/Darga(h) and on the
left side wall of the main Peetha/ Darga(h) there is a pair of
paduka/khadave and nanda deeper. The Shakhadri and the members
of both community accept that it is the paduka/ khadave of Shri
Guru Dattatreya. The nanda deepa is lit and the paduka/khadave
are flowered. All the above said Peetha/Darga(h), caves,
chills/peethas, padukas/khadave and nanda deepa are enclosed by
metal-barred gate and stone frame to the gate. All these things
are visible when viewed through these bars also.
There is a stone frame fitted with a metalic barred gate. On
either side of the stone frame, there are metal bars said to have
been fitted when the mud windows pave way due to passage of time.
It is explained by the Shakhadri that the public are not allowed
to enter inside the main peetha/Darga(h), where paduka/khadave
etc., are placed. Daily puja is performed by Mohammaden unmarried
person called the 'Muzavar' appointed by Shakhadri. He alone
enters inside the gate and puts flower to the paduka/khadave,
lits the nanda deepa and gives the chasma or tabaru/Gangajala of
theertham to the devotees of both the communities.
Briefly. stated, the Deputy Commissioner has reported that the
following are the several customs and practices prevailing before
1975.
(1) "There is a Mujawar appointed by the Shakhadri to perform
daily rites (Puja) inside the cave and he alone enters inside the
sanctum sanctorum of the Institution and distributes
tabaru/threetha to the devotees of both communities.
(2) "He alone puts flowers to the paduka/khadave/lits the nanda
deepa.
(3) The recognised Hindu gurus of different mutts are also taken
inside the cave get to offer their respects to the
paduka/khadave.
(4) Persons who do not take food prepared in the langarakhana are
given 'padi' i.e. the provisions like Rice, Dhal, etc. for
preparing their food.
(5) The Muzawar takes lobana (sambrani) and perform religious
rituals inside the main shrine between 7 pm and 8 pm daily.
(6) The above practices include certain practices which are found
in Hindu temples also, such as (i) Offering of flowers to
padukas; (ii) Lighting the nanda deepa; (iii) Giving threetha to
the pilgrims; (iv) Breaking of coconuts; (v) Taking Hindu gurus
of religious mutts with respect; (6) giving 'padi' to the
pilgrims; (vii) From the report of Deputy Commissioner, i.e.,
District Muzami officer it is seen that the management of the
Institution including the Urs was being managed by the Sajjada,
prior to 1975. As per the Judgement of the High Court of
Karnataka, the position in respect of management of the
Institution, including Urs, etc. that existed prior to 1975 will
have to be restored. The Deputy Commissioner has also opined to
restore the position to the appellant Sajjada as it existed prior
to 1975. Thus opined the Commissioner of Religious and Charitable
Endowments for Karnataka and orders such as.
"In view of the above enquiry report of the Deputy Commissioner,
i.e., District Muzrai Officer, the order of the Assistant
Commissioner, Chickmagalur in No. DVS. CR. 153/82-83 is set aside
and it is ordered to restore the position that existed prior to
1975."
It is to be noted during conduct of the enquiry after issuing
notices to some renowned Hindu leaders and devotees by Assistant
Commissioner Chickmagalur, many Hindu devotees and Hindu
Institutions, press editors had filed their written affidavits as
well as oral statements before the Assistant Commissioner. But it
is unfortunate Assistant Commissioner or the Deputy Commissioner
has not considered these statements. And only upheld the
statement of Sajjada Nasheen Sayed Peer Mohamed Shakhadri. The
Deputy Commissioner submitted his report to the Commissioner of
Muzrai and the partial report was upheld by the Commissioner.
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