ORDER:

This Writ Petition is filed to issue of writ of Mandamus declaring the action of respondent Nos.8, 9 and 10 in demolishing the original temple without obtaining valid permissions from concerned authorities and proceeding with reconstruction of the temple without any right over the leased temple land, as illegal, arbitrary, unjust and contrary to the provisions of law, thereby violating the core beliefs of the devotees from the vysya community amounting to violation of Articles 25, 26 and other Fundamental Rights guaranteed under the Constitution of India and for consequential relief.

2. Heard Sri L.Ravi Chander, learned senior counsel appearing for Sri Mayur Mundra, learned counsel-on-record for the petitioners, learned Assistant Government Pleader for Home appearing for respondent No.2, learned Government Pleader for Endowments appearing for respondent Nos.4 and 5 and Sri S.Ashok Anand Kumar, learned senior counsel appearing for Sri T.Surya Satish, learned counsel-on-record for respondent Nos.9, 10 and 11.

3. The brief facts of the case as averred in the writ affidavit are that Sri Kanyaka Parameshwari Devasthanam (hereinafter referred to as “the subject temple”) situated at Somasundaram Street, Avula Manda, Secunderabad, holds a significant historical and cultural importance for Arya Vysya community, having been constructed during the reign of the Nizams of the erstwhile Hyderabad State. The land on which the subject temple stands was leased under the Secunderabad and Aurangabad Cantonment Land Administration Rules, 1930, and the subject temple is being managed by registered committees constituted by members of the Arya Vysya community since 1946. It is further stated that the Temple has been under the management of such committees since 1356 Fasli.

3.1. It is further averred that Sri Kanyaka Parameshwari Devasthana Sangam- respondent No.8 (hereinafter referred to as “Committee No.1”), was registered vide Registration No.161 of 1991 and managed the affairs of the subject temple from 1991 till 2017; that in the year 2017, the members of Committee No.1 were allegedly compelled to resign under coercion and threat by another body with the same name, i.e., respondent No.9 (hereinafter referred to as “Committee No.2”), which claimed to be the original committee registered under the same Registration No.161 of 1991; and that disputes arose between Committee Nos.1 and 2, both asserting itself to be the legitimate managing committee of the subject temple.

3.2. It is further averred that the authorities of the subject Temple in violation of the provisions of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987, collected illegal donations for carrying out unauthorized constructions within the premises of the subject temple and allegedly amassed an amount of approximately Rs.16 crores from devotees through Committee No.2 and its sub-committee (respondent No.10). It is alleged that the said funds were misused and the existing structure of the Temple was demolished without obtaining necessary permissions; that no consensus was obtained from the members of the Arya Vysya community prior to undertaking such demolition.

3.3. It is further averred that respondent Nos.8, 9 and 10, acting in collusion, approved relocation of the idol of the deity from its original place on the ground floor to the first floor of the newly constructed Temple structure and that the essential religious rituals, including Kumbh Abhishekam and Vighna Pratishtha, which are necessary for consecration and sanctification, have not been performed prior to opening the newly constructed Temple. Aggrieved by the same, the present writ petition is filed.

4. Learned senior counsel for the petitioner submitted that the land on which the Temple is situated was originally leased by the Government, and the said lease expired in the year 1997, however, Committee No.1 continued to manage the affairs of the subject temple without taking steps for