HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.27272 of 2021
ORDER:
The petitioners are all tenants of the 3rd respondent temple in
various premises on the road from Rathasala to Post Office road and on
the road from Rathasala to Patalaganga road. Apart from these 10
petitioners another 160 tenants are in occupation of various premises of
these roads. With a view to beautify and decongest the area around the
temple the Commissioner had issued proceedings dated 07.02.2019 for
leasing out 170 shops to these tenants in the newly constructed
Lalithambika Shopping Complex. Thereafter, the matter went into
litigation on account of the conduct of public auction for the leasehold
rights of the shops in this complex. This litigation being W.P.No.1727 of
2019 and batch had been disposed of by this Court by order dated
21.10.2021. In this order, this Court had given directions in the manner in
which the dispute was to be resolved. Later the said order was set aside,
in review petitions, by an order dated 08.02.2022 and the matters were
heard afresh. These matters have again been disposed of, by a judgement
delivered today.
2. By G.O.Ms.No.426, Revenue (Endowments-I) Department,
dated 09.11.2015, the 1st respondent had amended the A.P. Charitable
and Hindu Religious Institutions and Endowments Immoveable Properties
and other Rights (Other than Agricultural Lands) Leases and Licences
Rules, 2003, by incorporating Rule 4(2) and Rule 18. The said amendment
prohibited non-Hindus from participating in any tender-cum-auction
process of shops or otherwise to obtain lease or licence to carry on
business in immoveable property belonging to the Hindu religious 2 RRR,J.
W.P.No.27272 of 2021
establishments and temples. The said amendment was challenged by
certain non-Hindu tenants and persons desirous of participating in such
auctions. This challenge was by way of W.P.Nos.40252 & 40704 of 2015,
20913 of 2018 and 10855 of 2019. This batch of writ petitions were
dismissed by a Division Bench of this Court on 01.11.2019. The Division
Bench held that the said amendments are not violative of any
fundamental rights guaranteed under the Constitution of India or any
statutory right.
3. Aggrieved by this judgment, some of the parties to these
cases had moved S.L.P.(Civil) Diary No.10030 of 2020. The Hon'ble
Supreme Court by an order dated 07.07.2020 had directed as follows:
"There shall be an ad interim stay of the operation of the impugned judgment and order of the High Court of Andhra Pradesh at Amaravati, dated 27.09.2019 (different from actual date i.e., 01.11.2019) in W.P.No.40252 of 2015."
4. It appears that a Contempt Case was also moved on the
ground that this order had been violated. The Hon'ble Supreme Court, in
C.C.No.881 of 2021, by order dated 21.10.2021, had essentially directed
that non-Hindus can also participate in the auctions conducted for grant of
leasehold rights of properties belonging to Hindu temples.
5. This Court while disposing of W.P.No.1727 of 2019 had on
21.10.2021, following the judgment of the Division Bench in
W.P.No.40252 of 2015 and batch, had directed that non-Hindus would not
be permitted to participate either in the auction process or in the lottery
system under which the existing tenants were to be accommodated in the
new Lalithambika Shopping Complex. At that stage, review petitions were 3 RRR,J.
W.P.No.27272 of 2021
filed by non-Hindus for a review of the order of this Court dated
21.10.2021 on account of the judgment of the Hon'ble Supreme Court.
6. This Court by order dated 08.02.2022 had set aside the
earlier order dated 21.10.2021 in W.P.No.1727 of 2019 and batch. This
Court, after a fresh hearing, has disposed of the said batch of cases by
way of a common order today.
7. The case of the petitioners is that in view of the orders of
the Hon'ble Supreme Court in S.L.P.(Civil).Diary.No.10030 of 2020 and in
C.C.No.881 of 2021, all non-Hindus are permitted to participate in any
auction of the leasehold rights of the properties of the Hindu Temples and
Establishments. The petitioners contend that, on account of these orders,
the 3rd respondent-temple has to permit the petitioners also to participate
in the allotment of shops by lottery system or in the public auction that
may be conducted.
8. The orders of the Hon'ble Supreme Court are binding on all
Tribunals and Courts including this Court. In the circumstances and in
view of the peremptory directions of the Hon'ble Supreme Court dated
21.10.2021 in C.C.No.881 of 2021, the petitioners cannot be prohibited
from participating in such auctions or lotteries. However, the fact remains
that the orders passed by the Hon'ble Supreme Court are interlocutory
orders, and as such, the said orders would have to be complied with and
implemented till the final orders of the Hon'ble Supreme Court are passed
in these matters.
9. In the circumstances, this writ petition is disposed of with a
direction to the 3rd respondent to permit the petitioners to participate in
the lottery system for allotment of shops to the petitioners on par with
other tenants of the 3rd respondent-temple and on par with other auction 4 RRR,J.
W.P.No.27272 of 2021
purchasers who are petitioners in W.P.No.15516 of 2019 and
W.P.No.18744 of 2019. However, any allotment made to these persons
will be subject to the result of the decision of the Hon'ble Supreme Court
in S.L.P.(Civil).Diary.No.10030 of 2020 and C.C.No.881 of 2021. There
shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand
closed.
________________________
R. RAGHUNANDAN RAO, J
3rd March, 2022
Js
5 RRR,J.
W.P.No.27272 of 2021
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.27272 of 2021
3rd March, 2022
Js
