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The impugned judgment of Andhra Pradesh High Court, which was passed on 2019 upheld the validity of a G.O. by Endowment Commissioner stipulating that a non-Hindu cannot obtain lease or license of a property managed by Hindu religious institution.

Aggrieved persons have challenged a judgment of Andhra Pradesh High Court upholding a Government Order (G.O) by Endowment Commissioner, which permitted only Hindus to obtain lease and license to shops and malls belonging to Hindu religious institutions.

The judgment which was passed by a bench of Justices C.Praveen Kumar and Satyanarayanamurthy on September 27, 2019 had upheld the constitutional validity of G.O Ms No.426, Revenue (Endowments-I) Department dated November 9, 2015, according to which "no person professing other than Hinduism as his religion is entitled to obtain lease or license either to ender-cum-public auction of the shops, malls etc coming under the jurisdiction of A.P Charitable and Hindu Religious Institution and Endowments Act, 1987".

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.

The matter is likely to be listed before a bench of Justices DY Chandrachud and B.V.Nagaratna as item 38 on Friday (September 24, 2021).