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The Supreme Court on Friday allowed people from all religions to participate in process of lease of shopping complexes/shops in Brahmamba Mallikarjuna Swamy Temple, Andhra Pradesh.

A bench of Justice DY Chandrachud and Justice AS Bopanna was hearing the plea challenging a judgment of Andhra Pradesh High Court which upheld a Government Order (GO) by Endowment Commissioner, which permitted only Hindus to obtain lease and license to shops and malls belonging to Hindu religious institutions.

Earlier, the court had granted a stay on the judgment of Andhra Pradesh which prohibited people belonging to other religions form holding shops.

The petitioners have challenged the judgment on the grounds that the G.O. violates their right to life as they ran shops at these properties leased to them.

The Special Leave Petition challenged the judgment further on the grounds that the administration of properties belonging to a religious group are not matters of religion covered under Article 26 (B) of Constitution of India and that permitting public auction without illegal and arbitrary restrictions does not take away constitutional rights of administration in the hands of a religious denomination.

According to the petition, many petitioners before the court have been running their shops in the temple property since 1980. The petitioners are tenants at Sri Brahmamba Mallikarjunaswamy Vari Devasthanam located at Srisailam in Kurnool District at Andhra Pradesh.

The GO under challenge was passed amending Rule 2(2) K, amending Rule 4(2) and Rule 7(4) and adding Rule 18 of Andhra Pradesh Charitable and Hindu Religious Institutions and' Endowments Immovable Properties and Other Right (Other than Agricultural Lands) Leases and Licenses Rules, 2003.

In addition to the special leave petition, five applications for implement have also been filed supporting the GO, contending that the present SLP must be dismissed.

Case Title: Sayyad Jani Basha Vs. Dr. G Vani Mohan