K'taka HC rejects appeal challenging decision permitting only Muslim priest to perform rituals at Datta Peeta

The single judge had remitted the matter back to the State government with a directive to reconsider the mater afresh under the provisions of the law, without reference to the report of the high-level committee

The Karnataka High Court on Monday rejected an appeal challenging an order of the single judge which had quashed the State's decision to permit only a Mujawar or Muslim priest to perform rituals at the Datta Peeta in Chikmagalur, which is a revered shrine for both Hindus and Muslims.

The State had said that only a Mujawar appointed by Shah Khadri shall be permitted to enter the sanctum of the Sri Guru Dattatreya Swamy Peeta, also known as "Sree Gurudattathreya Bababudnaswamy Dargha" and distribute teertha to both Hindus and Muslims.

A single judge Bench of Justice P S Dinesh Kumar had found this to be violation of rights of both communities as guaranteed under Article 25 of the Constitution.

A Division Bench comprising Justices Alok Aradhe and Vijaykumar A Patil rejected the appeal.

The single judge had remitted the matter back to the State Government with a direction to reconsider the matter afresh in accordance with the law without reference to the report of the high-level committee.

"Though the versions of a large number of devotees recorded by the Endowment Commissioner including that of the Mujawar who was working during 1975, demonstrate that both Hindus and Muslims were worshipping as per their respective customs, the State Government have chosen to accept the High Level Committee's recommendation to reject Endowment Commissioner's Report. The High Level Committee Report is not free from the vice of bias," the single judge had said.

The single Judge added, "By the impugned order, firstly, the State have infringed upon the right of Hindu Community to have the pooja and archana done in the manner as per their faith. Secondly, the State government have imposed upon the Mujawar to perform 'paduka pooja' and to light 'nanda deepa' contrary to his faith. Both these acts amount to flagrant violation of rights of both communities guaranteed by Article 25 of the Constitution of India," Justice Kumar had said.

Guru Dattatreya Peetha Samvardhana Samithi had sought a direction to issue a writ of certiorari and to quash the impugned government order and direct the state government to implement the Endowment Commissioner's report dated March 10 2010.

About Shri Dattapeeetha:

Shri Dattapeetha, also known as Shri Datta Kshetra or Datta Peetham, is a Hindu pilgrimage site which is located in Chickmagalur, Karnataka.

Located in Bababudangiri Hills, the shrine is revered by both Hindus and Muslims. It has however been a bone of contention for around 30 years and has often been termed as the Babri Majid of South.

A Temple in the name of Dattatreya Devaru and a dargah in the name of Baba Budan Dargah are both located in the cave of the hills.