S. B. SINHA, C. J.

( 1 ) THE sole question to be answered in these writ petitions is whether an Executive Officer can be appointed in terms of Section 29 (5) (d) of the A. P. Charitable Hindu Religious Institutions and Endowments Act, 1987 ( 1987 Act for brevity) by the respondents to the petitioners -temples, or not?

( 2 ) THE petitioners-temples and/or charitable institutions or endowments herein are questioning:", the action of the Deputy Commissioner appointing a Person-in-,management by passing an order in proceedings Rc. No. G2/46605/2001-23, dated 31-08-2001 to exercise the powers, perform the function and discharge the duties of Executive Officer of Sri Venkateswara S. T. , Vykuntapuram (V), Amaravathi (M), and other Institutions, Guntur District in exercise of the powers vested in him under Section 29 (5) (d) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. For the purpose of convergence the facts leading to filing of these writ petitions are noticed from WP No. 19279 of 2001.

( 3 ) IN this writ petition, the petitioner-temple inter alia prays for the following reliefs:. . . to declare the Arya Vysya Community as a Hindu Religious Denomination entitled for protection conferred under Article 26 of the Constitution of India with a right to establish and maintain religious institutions charitable trusts and by enjoying the sole right of management both financial and administrative in respect of Sri Rukmini Sametha Panduranga Swamy Temple, Amaravathi Village and Mandal, Guntur District and issue an appropriate writ, order or direction, more particularly in the nature of a Mandamus declaring the action of the respondents in appointing the "person-in-Management" to Sri Rukmini Sametha Panduranga Swamy Temple, Amaravati Village and Mandal, vide Proceedings No. G2/46605/2001-23 dated 31-08-2001, as illegal, arbitrary and irregular exercise of power and contrary to the letter and spirit of Article 26 of the Constitution of India and in flagrant violation of principles of natural justice and pass such other further or other order or orders as this Hon ble Court may deem fit and proper in the circumstances of the case. Else the petitioner would suffer great irreparable loss and injury.

( 4 ) THE petitioners -temples are Arya Vysya Temples situate at several places. Arya Vysya is said to be a religious denomination in terms of Article 26 of the Constitution of India. This aspect of the matter was considered by a Division Bench of this Court in LPA No. 16 of 1979 dated 08-11-1985. The matter was carried to the apex Court (see: Sri Kanyaka Paameswari Anna Satram Committee V. Commissioner, Hindu Religious and Charitable Endowments Department, (1999) 7 SCC 666. Therein, the apex Court had the occasion to consider as to whether Kanyaka Parameswari Anna Satram Committee and temple are institutions of religious denominations within the meaning of Article 26 of the Constitution of India and the apex Court held that the institution will come within the purview of religious denomination. , The apex Court, however, having regard to the fact that the question as regard the effect of appointment of an Executive Officer in the light of Article 26 of the Constitution of India had not been decided by the High Court,, remitted the matter back to this court stating:it cannot be denied that among the religious institutions denominational institutions stand on a different footing and enjoys special protection under Article 26 of the Constitution. Therefore, while considering the challenge to the appointment of an Executive Officer, it is essential to bear in mind the protection given under Article 26 of the Constitution, which the High court failed to do. In he circumstances, we are of the view that instead of ourselves going into that, we consider it appropriate to remand the matter to the Division Bench to hear and dispose of the case on that aspect. While accepting the finding, which has not been challe

Click Here to Read the rest of this document