Andhra Pradesh Order Barring Non-Hindu Vendors From Temple Shop Auctions Cannot Be Enforced Due To Stay On HC Ruling: Supreme Court

The Supreme Court on Wednesday clarified that the Andhra Pradesh Government Order (GO) dated November 9, 2015, which bars non-Hindu vendors from participating in temple shop lease auctions, cannot be acted upon in view of the apex court's stay on the High Court decision upholding the GO.

A bench of Justice Abhay Oka and Justice Ujjal Bhuyan made this clarification while disposing of an application challenging a tender process that implemented the impugned rule.

“The impugned judgement has been stayed by this court by interim order dated 27th January 2020. The impugned judgement affirms G.O.MS. No. 426, Revenue Endowments dated 9th November 2015. In view of the stay granted to the operation of the impugned judgement we clarify that the GO dated 9th November 2015 shall not be acted upon”, the Court held.

The Supreme Court had earlier stayed the September 2019 judgment of the Andhra Pradesh High Court, which had dismissed writ petitions against the GO contending that it is violative of Articles 14 and 15 of the Constitution.

During the hearing yesterday, the counsel for the State informed the Court that the tenders had been wrongly issued and had since been withdrawn. She assured the Court that steps were being taken to instruct the local temple administration to prevent similar occurrences in the future.

The counsel 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.

Justice Oka sought a specific assurance from the State that it would not act upon the November 9, 2015 GO. The State's counsel responded 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 bench 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 impugned 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.

The Supreme Court in 2020 stayed the Andhra Pradesh High Court's September 2019 judgment that upheld the 2015 GO.

On December 17, 2021, the Supreme 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 court 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 court was then hearing a contempt petition against state authorities for allegedly violating its stay order.

The Supreme Court will heal the SLP challenging the High Court decision on March 4, 2025.

Case no. – SLP(C) No. 001989 / 2020

Case Title – T.M.D. Rafi v. State of Andhra Pradesh