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Supreme Court Of India

(From : 1997 AIHC 1831 (Andh Pra))

Hon'ble Judge(s): S. Rajendra Babu, Shivaraj V. Patil , JJ

(A) Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (30 of 1987) , S.87, S.1(3)— Dispute whether temple is a public or private temple - Deputy Commissioner of endowments has power and jurisdiction to enquire into and decide such dispute - Act applies to all Hindu Religious Institutions or endowments including private temples. The Dy. Commissioner of Endowments has power and jurisdiction to decide whether the temple in question is a public temple or private one. It is clear from the preamble and provisions of the 1987 Act that it applies inter alia to all Hindu religious institutions or endowments including public temples. When a dispute arises as to whether an institution is a religious institution or whether a temple is a public or a private temple, under S.87 looking to the definitions contained in Ss.2(22) and 2(27) as to religious institution and temple the Dy. Commissioner has power and jurisdiction to enquire into and decide such a dispute. If argument that the Act does not apply to private temples is to be accepted then it is enough for any person or body to claim a temple as a private one so as to take away the power and jurisdiction otherwise conferred on the Dy. Commissioner under S.87 of the 1987 Act. A merely self-serving design of a party to claim a temple as private one cannot defeat a specific statu....