The court ruled that relocating a deity without valid necessity violates Hindu sentiment and constitutional protections under Articles 25 and 26.

ORDER :

K. MANMADHA RAO, J

The Writ Petition is filed under Article 226 of the Constitution of India , seeking the following relief:

“…..to issue an order or direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in reconstruction of the 5^th respondent temple situated at Vadlamudi village, Chebrolu mandal, Guntur District, on the pretext of Punah Prathista by demolishing the existing temple as arbitrary, illegal, null and void and against the norms of public policy and principles of natural justice and violative of Articles 25 and 26 of the Constitution of India …….”

2. Brief facts of the case are that the 5^th respondent-temple has been established more than 100 years back for which a trust has been executed on 22.06.1923 by appointing one Suryadevara Venkatappaya as a hereditary trustee by Chimakurthy Yellamandhu and said Venkatappaya has been appointed as hereditary trustee, since the said date till his death and after his death, his wife Subamma has been functioning as hereditary trustee there after the Subbamma has acted as trustee and due to old age, she has filed an application before the Commissioner, Endowments for appointment of Suryadevara Hariprasada Rao as hereditary trustee and accordingly the Assistant Commissioner vide its proceedings dated 02.01.1981 has appointed Suryadevara Hariprasada Rao as hereditary trustee. After the death of Suryadevara Hariprasada Rao on 09.06.2012, his wife Suryadevara Jayprada has been continuing as hereditary trustee for 5^th respondent temple. In the year 2017, she made an application through his grandson for appointing her grandson to appoint him as hereditary trustee, surprisingly, the 2^nd respondent issued proceedings dated 24.09.2021 vide Rc.No.D3/14021(51)/10/2018 appointing Chimakurthy Venkateswara Rao as hereditary trustee for 5^th respondent temple on the ground that he is declared as hereditary trustee vide Rc.No.A2-1166/66, dated 18.02.1966 and similarly passed proceedings dated 24.09.2021, vide Memo Rc.No.D3/14021(51)/10/2018, dated 24.09.2021 that there is no concept of guardian to trustee under the Act. Questioning the proceedings dated 24.09.2021 appointing a third person as a hereditary trustee, the petitioner filed W.P.No.25986 of 2021 and this Court disposed off the said writ petition vide order dated 20.04.2022 setting aside the impugned proceedings and further directed the respondent authorities therein to consider to act upon the representation. Till date, the respondent authorities failed to act upon the petitioner’s representation in pursuance of the 5th respondent temple. While things stood thus, the Executive Officer of the 5^th respondent temple is making efforts to demolish the temple and reconstruct the same by moving the deity and sanctorum from its original position to Flagstaff (Dwajasthambham) of the existing temple. Aggrieved by the same, the present writ petition has been filed.

3. This Court, vide order, dated 30.05.2023 has granted interim order in I.A.No.1 of 2023 reads as follows:

“.....

6. Accordingly, IA No.1 of 2023 is allowed and status quo obtaining as on date with regard to the 5^th respondent-temple shall be maintained till 13.06.2023.

7. List the matter on 13.06.2023.

8. In the meanwhile, the respondent authorities shall file expert’s report and counter affidavit if any.”

4. The 2^nd respondent filed counter affidavit denying the allegations made in the writ petition and stated that the 5^th respondent temple was initially published under Section 6(C)(ii) of the Endowments Act 30/87 and subsequently reclassified and published under Section 6(b)(ii) of the Endowments Act 30/1987 and now the same is under the administrative control of the 4^th respondent. It is further stated that the 5^th respondent temple was constructed more than 100 years ago by the side of R & B Road leads from Guntur to Tenali which is a small structure admeasuring 5.4 X 5.4 feet of Garbhalayam and 8.6 X 8.6 feet of