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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR.JUSTICE K. MANMADHA RAO, J
Suryadevara Jayaprada – Appellant
Versus
State Of Andhra Pradesh – Respondent
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 5th 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 5th 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, Endowmen
The court ruled that relocating a deity without valid necessity violates Hindu sentiment and constitutional protections under Articles 25 and 26.
translocation of a deity in a public temple-translocation of the deity to another place is permissible as long as the said translocation is done without a mala-fide intention and with all due respect....
Caste-based restrictions in the appointment of priests violate constitutional rights to equality and must align with qualifications, not caste.
The necessity to establish the existence of a legal right and its infringement for the grant of a writ of mandamus.
The central legal point established in the judgment is the statutory duty of HR&CE officials to protect temples and the need to ascertain the exact location of a demolished temple for reconstruction.
The character of a temple as public or private is determined by its use for public worship and community management, not solely by registration status.
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