ORDER :

W.P. No.25351 of 2021 is filed to declare action of respondent Nos.1 to 3 in granting permission for reconstruction of Sree Mahalakshmi Temple, Feelkhana, Hyderabad, to respondent No.6 - Srimali Brahman Nyati Sangh, Sree Mahalakshmi Temple, Feelkhana, Goshamahal, Hyderabad, vide proceedings Rc.No.H2.5395/2018 dated 04.09.2018.

2. W.P. No.7296 of 2022 is filed to declare action of respondent Nos.1 to 3 in granting permission for demolition and reconstruction of Sree Mahalskhmi Temple, Feelkhana, Hyderabad, vide proceedings Rc.No.H7/5395/2018 dated 19.01.2022.

3. The petitioners in W.P. No.25351 of 2021 claim to be tenants of Sree Mahalakshmi Temple, Feelkhana, Goshamahal, Hyderabad (hereinafter referred to as “Temple”). The petitioners also claim to be devotees and inmates of the Temple. The petitioners in W.P. No.7296 of 2022 claim to be devotees of the Temple.

4. It is not in dispute that the Temple is endowed property as per File No.15/2-31 I Awkaf of 1358 Fasli (dated 17.02.1959) recorded in Muntakhab Kitabul Awkaf of the office of the Superintendent, Awkaf - Government Religious Affairs Department.

5. The case of the petitioners is that respondent No.2 - the Commissioner, Endowments Department, Boggulkunta, Tilak Road, Hyderabad, has accorded permission by the impugned proceedings for demolition of old structure and reconstruction of the Temple which includes shops and open place admeasuring 860 square yards. The petitioners did not have knowledge of the impugned permission granted to Srimali Brahman Nyati Sangh and Sree Mahalakshmi Temple authorities. When an attempt was made to evict the petitioners from the Temple, they have filed W.P. Nos.31120 of 2015 and 41408 of 2016 which were disposed of by the order dated 30.11.2016 directing the respondents to issue fresh notification in respect of auction of leasehold rights of the property in question and left open for the petitioners to participate in the auction. The petitioners are dependent on their petty business running in the leased out premises of the Temple. The petitioners have submitted their respective objections dated 27.08.2021 and 28.08.2021 pursuant to the caution notice dated 30.07.2021 but the respondents have not considered their objections and there is threat of eviction by the respondents.

(i) The petitioners sought a direction not to demolish their shops bearing Nos.15-8-298 to 308, Sree Mahalakshmi Temple, Feelkhana, Ghoshamahal, Hyderabad, without following due process of law.

(ii) The case of the petitioners in W.P. No.7296 of 2022 is that the Temple society has filed a civil suit in O.S. No.1 of 1996 on the file of IV Assistant Judge, City Civil Court, Hyderabad to declare the proceedings in Rc.No.D/5289/95 inviting applications to constitute a Trust Board for the Temple. The said suit was returned by the Court. The Temple Society preferred appeal in C.M.A. No.252 of 1996 on the file of the Chief Judge, City Civil Court, Hyderabad, and the same was dismissed on 27.01.1997 directing the Temple to approach the competent authority. The Temple filed revisions in R.P. Nos.38 of 1997 and 39 of 1997 before the Regional Joint Commissioner challenging appointment of Executive Officer as Single Trustee of the Temple and against the notification for constitution of a Trust Board for the Temple. The said revisions were dismissed on 02.12.1997.

(iii) The Temple filed O.A. No.56 of 1997 before the Deputy Commissioner, Endowment Department, to declare the society as founder of the Temple. The suit was ordered on 23.05.2008 by the Deputy Commissioner holding that the Temple is an endowed property, but it is denominational in character belonging to Srimali Brahim Community, and the Society is entitled to manage the institution. The said order was confirmed by the Commissioner of Endowments under Section 87(3) of the Act 33/2007 by reserving rights to appoint an Executive Officer, by the order dated 28.07.2008.

(iv) It is submitted that there is a threat from the Societ