VIJENDRA KUMAR & ORS. Vs. THE COMMISSIONER, A.P. CHARITABLE & RELIGIOUS INSTITUTIONS & ENDOWMENT DEPARTMENT & ANR.

JUDGEMENT

(1.) The appellants in their relentless pursuit for a declaration that the temple, which is the subject matter of the lis is their private place of worship and not a public shrine, has put to challenge the determination to the contrary made by the High Court vide impugned judgment and order dated 10.07.2007 rendered in Letters Patent Appeal No. 393 of 1992. Thereby the verdict of the Single Judge in the writ petition filed by the appellants had been affirmed.

(2.) We have heard Mr. V.V.S. Rao, learned senior counsel for the appellants and Mr. P. Venkat Reddy, learned counsel for the respondents.

(3.) The background facts in short need be outlined at the threshold for the desired comprehension of the issue seeking resolution. The flow of events demonstrate that the grandfather of the respondents, Ram Harak Tiwari (since deceased) had acquired the premises in question from one Kondaiah by sale deed dated 18.12.1302 Fasli corresponding to 18.12.1893 (as per English Calendar) and as claimed by them had installed the family idol of Shri Hanuman Ji made of silver which was movable and not attached to the earth exclusively for the worship by the family members. The suit temple, as is asserted by the respondents, came to be registered in the Books of Endowment (Muntakab of Registry of Endowment) recording the name of Gokarnath Tiwari, the father of the appellants as the endower of Wakf (that is the temple) on 16th Aban 1345 Fasli (corresponding to the year 1936 as per the English Calendar). The extract from the Registry of Endowment discloses that the entry had been made as per the order of the Minister, Ecclesiastical Department as contained in File No.60/1 of 1945 Fasli (corresponding to the year 1933) of the Directorate of Endowment. This document also indicated that it had been published in the contemporary Official Gazette. According to the appellants, the initial structure was temporary in nature being a tin shed and was later on converted into a permanent one with RCC roof by obtaining due sanction from the concerned municipal authority.