The Supreme Court has observed that the Andhra Pradesh Government Order (GO) barring non-Hindu vendors from participating in temple shop lease auctions could not be acted upon, since this Court has already stayed the High Court verdict in this regard.
The clarification was given by the Bench of Justice Abhay Oka and Justice Ujjal Bhuyan on Wednesday, while rejecting an application challenging a tender process in connection with the GO.
The Apex Court said that in its interim order dated January 27, 2020, it had stayed the High Court verdict, which affirmed the G.O. MS. No. 426, Revenue Endowments. Therefore, the GO issued by the government of Andhra Pradesh on November 9, 2015, could not be acted upon, it added.
The top court of the country had earlier stayed the September 2019 judgment of the High Court, which dismissed writ petitions against the GO contending that they were violative of Articles 14 and 15 of the Constitution.
During the hearing on February 19, the counsel for the Andhra Pradesh government informed the Court that the tenders had been wrongly issued and had since been withdrawn.
The Counsel assured the Court that steps were being taken to instruct the local temple administration to prevent similar occurrences in the future.
The Counsel appearing for the applicant argued that despite the stay, the authorities continued to include such clauses in future tenders by citing a technicality that the GO itself had not been stayed.
The Bench sought a specific assurance from the State that it would not act upon the November 9, 2015 GO. The Counsel representing the State said that there was no question of violating the Court’s stay order and submitted that instructions were being sent to the local administration to avoid any confusion.
The Apex Court then passed an order clarifying that the GO dated November 9, 2015, shall not be acted upon, in view of the Supreme Court’s stay on the impugned judgment.
The GO incorporated Rule 4(2)(k) and Rule 18 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Rights (Other than Agricultural Lands) Leases and Licenses Rules, 2003, which prohibited non-Hindus from participating in the auction or obtaining leases in temple properties.
On December 17, 2021, the Apex Court permitted people of all religions to participate in the auction of leases of shops in the Sri Brahmaramba Mallikarjuna Swamy Temple at Kurnool and its shopping complex.
The Bench directed that tenants or shop holders should not be excluded from participating in the auction or from obtaining leases solely based on their religion. The top court of the country passed the orders in 2021 on a contempt petition against state authorities for allegedly violating its stay order.
The Supreme Court has listed an SLP challenging the High Court verdict for hearing on March 4, 2025.
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